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ENOCH ANNAN KONEY & ANOR VS KWAME OWUSU OKOREE

April 1, 2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI (J)

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

In the High Court, His Lordship Justice Nicholas M. C. Abodakpi considered an application by Kwame Owusu Okoree to vary or set aside an interlocutory injunction affecting a property at South Tesano, Accra. Okoree relied on a law clerks affidavit, asserting his role as Managing Director of Maxpal Intermediaries Ltd., occupation under a Pre-Rent Agreement with David Tettey Konney and Justice Koney, and subsequent rebranding to Merie Insurance Brokers Ltd. The respondents denied the material averments and produced proof of service and appearance. The court found that exhibits relating to corporate status were uncertified and without probative value; that the proper deponent was Okoree himself under Order 20 and Section 118; and that no breach of natural justice occurred because Okoree ignored the motion despite service. Concluding that no procedural or substantive grounds had been established, the court dismissed the application and awarded costs of GH1,000 against Okoree.

RULING