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May 24, 2024
HIGH COURT
GHANA
CORAM
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
AI Generated Summary
In the Ghana High Court, Her Ladyship Justice Joan Eyi King determined an interlocutory application by the 3rd defendant seeking to compel the plaintiff, Evelyn Dzigbordi Anku, to provide security for costs under Order 24 rule 1 of CI 47. The applicant alleged Anku did not live or work in Ghana, that her Haatso house number (AH/577) was fake, and that she committed perjury by misstating her address and employment at Cocoa Marketing Company (Gh) Ltd., Accra. After granting leave to cross‑examine, the court heard the applicant, the bailiff Evans Adogli, and witness Francis Wemegah. The bailiff testified service was attempted at Cocoa Processing Company in Tema, not Cocoa Marketing Company in Accra. The applicant provided no HR confirmation or google search report. Applying the Evidence Act burdens and the higher criminal standard for perjury, the court held the applicant failed to discharge the evidential burden and refused to order security for costs, dismissing the application and awarding GHC2,500 costs to Anku.