EVELYN DZIGBORDI ANKU VS TOGBE VULLEY & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for security for costs filed by the 3rd defendant (applicant) against the plaintiff (respondent). The applicant alleged that the respondent does not live or work in Ghana as claimed, but rather resides in the United States. The applicant also accused the respondent of perjury regarding her address and place of work. The court dismissed the application, finding that the applicant failed to prove that the respondent lives or works outside the jurisdiction, or that she committed perjury. The court emphasized the importance of meeting the burden of proof in civil cases, particularly when alleging criminal conduct. The case highlights the legal principles surrounding security for costs applications, standards of proof in civil cases, and the elements required to prove perjury.
SECURITY FOR COSTS
This is an application for and on behalf of the 3rd defendant/lawful attorney hereinafter referred to as applicant praying the court for an order that the plaintiff/respondent provide security for cost and for any other order(s) that the Honourable Court may deem fit.
I shall quote the relevant paragraphs as follows: 2. That plaintiff instituted this action against defendants and stated in her statement of claim paragraph “1” that she is a Ghanaian, resident here in Ghana and works with the Cocoa Marketing Company (Gh) Ltd. in Accra.
3. That plaintiff has continuously been absent from this court leaving defendants in and out of court and ringing untold financial hardship upon defendants while she and her lawyer consistently asset themselves from court by so doing intentionally delayed trial by abusing he court process forth and back.
4. That the 3 rd defendant per the orders of the court has served several hearing notices on plaintiff and or her lawyer to attend court.
5. That on the 16 th December 2021 and with abundance of caution the trial Judge ordered that 3 rd defendant serve plaintiff personally which 3rd defendant spent money and directed service of the hearing notice on plaintiff at the work address in Accra provided by the plaintiff in paragraph “1” of her statement of claim.
6. That 3 rd defendant and the court bailiff went to the work address Cocoa Marketing rd Gh.
Ltd, Accra but Human Resources Direction (HR) told the bailiff and 3 defendant that plaintiff is not known to the address and she does not work there.
7. That 3 rd defendant is reliably informed that plaintiff does not live and work in Ghana as she wants the court to believe.
8. That the conduct of plaintiff and her lawyer is clearly captured by the trial Judge in the proceedings dated 7 th September 2021. 9. That costs awarded against plaintiff so far remains unpaid.
10. That 3 rd defendant believes that in the event of being the successful party plaintiff would not pay costs since she does not live, work nor have known property within the jurisdiction of this court.
11. Wherefore 3 rd defendant prays the Honourable Court to compel plaintiff to give security for costs either in cash or landed property.
The plaintiff/respondent hereinafter referred to as respondent opposed the application.
I shall quote the relevant paragraphs as follows: 4. That I am vehemently opposed to the instant application and as I am advised and believing same to be tru