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JUDGMENT
The present motion seeks an Order setting aside / dismissing the
Applicant/Respondent’s (Respondent) Originating Motion filed on the 21st
of November, 2022 on grounds of the same being an abuse of process.
The 2
nd Respondent /Applicant (Applicant) says it has been served with an
Originating Notice of Motion filed on the 21st of November, 2022 seeking an
order for this Court directed at the Registrar General to appoint an Inspector
to investigate the affairs of the 2
nd Respondent.
Applicant says the Respondent had caused the same application to be filed
before this Court (differently constituted) on the 10th day of August, 2020.
However upon being served with that Application, the Applicant applied
for the Chief Justice to determine the forum convenience of the matter on
grounds that the Applicant herein being resident in the Bono Region and
being the person to be affected by the Orders of the Court, reasonably
considered it more convenient for the Motion to be heard and determined
in that region as all its witnesses were resident there and it was in that
Region that any documents required to prove its case could be easily
obtained.
The Court after hearing the arguments of both Counsel granted Applicant’s
prayer and referred the matter to the Honorable Chief Justice for his
decision on same.
The Respondent however appealed that reference but before the said appeal
could be heard, the Respondent filed a notice of withdrawal of Appeal on
the 8th day of February 2022 as evidenced by Exhibit ABTS 3.
Applicant again went ahead to file a Notice of Withdrawal of the
substantive Application pending before this Court. .
Now before the Notice of Withdrawal of Appeal could be determined by
the court of Appeal, the same Respondent went ahead on the 12th of May,
2022 to cause the same application as that filed on the 10th of August, 2020
to be filed in this Court. The Application of the 12th of May, 2022 was
however, on application of the Applicant herein to set-aside by this Court
differently constituted on the 5th of July, 2022.
Following the setting aside of the said Application, the Respondent caused
a Hearing Notice to be issued for the Applicant to appear for its Notice of
Withdrawal of the Appeal to be pronounced upon. Pursuant to which the
Appeal was struck out as withdrawn.
Upon the striking out if the Appeal, the Applicant filed a Notice of
Discontinuance on the 14th day of October, 2022 purporting to discontinue
the su