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RULING
MOTION ON NOTICE TO SET ASIDE ORDER DISMISSING CLAIMANT’S CLAIM
The grounds for the instant application filed on behalf of Claimant Applicant referred to as(Applicant) as per the supporting affidavit is to the effect that on 9th May 2022, this Court ordered Applicant’s to file its affidavit of interest before 9th June 2022.
That Counsel for Claimant’s attention was drawn to the pendency of another matter with Suit Number: CM/BDC/0325/2022 in the Commercial Division of the High Court, Accra which has a direct bearing on the proceedings before this Court.
That Counsel intended to bring the pendency of that matter to the official notice of this Court.
That Counsel’s attempts to access the necessary processes from the Registry of the Court were however unsuccessful.
That on 22nd June 2022, Applicant’s Counsel, Gideon Bisilki who is in personal conduct of the case was taken ill and admitted at the Clinic as indicated by per Exhibit B.
That they later got to know per the Court notes of 22nd June 2022 (Exhibit C) that Applicantt’s claim had been dismissed by this Court.
That in the interest of justice, this Court has an inherent power to set aside its own orders; especially as Applicant is desirous of pursuing its claims for the issues between the parties to be determined on the merits.
Applicant Respondent’s (referred to as Respondent) ground for opposing the instant application is that Applicant has not satisfied the required conditions to enable the Court set aside its orders; and the claim having been dismissed, is forever barred from prosecuting the claim.
That the matter before Commercial Court 9 involves different issues and parties which has no bearing on the matter before this Court.
That because Mr. Kwabena Adu-Kusi whose name is endorsed on the claim could have been in Court on 22nd June 2022 but chose not to, Respondent cannot be made to suffer for the indolence of claimant.
That following the dismissal of the claim, Applicant had 14 days within which to appeal but failed to do so. That justice will be tampered with, should the Court grant the instant application.
In the supplementary affidavit in support of the instant application, a copy of the Writ of Summons and Statement of claim before commercial Court 9 was attached as Exhibit A.
The order of this Court dated 22nd December 2022 granting the judicial sale of the property upon which this proceeding is premised which is a subject matter of the matter before the said Commercial Court 9