GH - CHARLES LAMPTEY & 3 ORS vs SAMUEL HARUNA NOAH & 3 ORS

This is an Application by the 3rd Defendant/Applicant praying the Court for an Order setting aside the Notice of Entry of Judgment filed in this Court on the 1st day of February, 2022 as been irregular and incompetent.

Counsel for the Applicant submits that the Rules of the High Court (C. I. 47) does not empower a party to enter Judgment of the Court of Appeal.

See Rule 36 of the Court of Appeal Rules (C.I. 19).

In contesting the Application Counsel for the Respondents submitted that the Court of Appeal does not have any execution process and that the practice is that a Judgment of the Court of Appeal is enforced by the High Court which has rules of execution.

Counsel therefore pray the Court to dismiss the Application.

Rule 36 of the Court of Appeal Rules (C. I. 19) reads:

“Any Judgment given by the Court may be enforced by the Court, the Court below or any other Court which has been seized of the matter or as the Court may direct”.

It is my considered view that the above rule empowers a party to elect which of the Courts to enforce a decision delivered by the Court of Appeal especially where the Court of Appeal does not indicate the forum for the execution of the said Judgment as in this case.

In the case under consideration the Respondent elected to file the process complained of in this Court, the Court where the action commenced.

However, since Counsel for the Applicant contends the Notice of Entry of Judgment does not reflect the decision of the Court of Appeal I shall not set aside same for the Applicant to contest its component before the Court of Appeal.

Application is accordingly dismissed.

(SGD)

EMMANUEL AMO YARTEY (J)