NATIONAL TRUST HOLDING COMPANY LIMITED VS SANTA BARON VENTURES LIMTIED & ORS
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship, Jane Harriet Akweley Quaye (Mrs.), Justice of the High Court, issued a procedural order after hearing counsel in a case involving a plaintiff and the 8th and 9th defendants. The Court had previously adjourned to deliver a ruling on res judicata, but observed that the estoppel application had been stood down pending a capacity issue, and that a ruling date had been set without issuing directions on estoppel. Although the Court had formed a preliminary, suo motu view concerning issue estoppel, it determined that, in the interests of justice, written submissions should be filed. To ensure compliance with Court Procedure Rule: Order 1 Rule 1, the Court directed submissions by specified dates—12 September 2022 for the 8th and 9th defendants and 26 September 2022 for the plaintiff—and scheduled the estoppel ruling for 1 November 2022 at 9:00 a.m.
I have heard both Counsel on this matter. Indeed, the Court had adjourned earlier to give a Ruling on the res judicata but this decision has been premised on the fact that I had assumed that I had already given directions on this estoppel. This is because, from the records, the estoppel application was stood down for the capacity and asked that Written Submissions be filed for the capacity issue to be handled. Afterwards, the Court proceeded to fix a date for a Ruling for estoppel without giving the parties further directions as to the estoppel. Even though the Court has suo motu formed an opinion on the issue estoppel, it will be in the interest of Justice to file Written Submissions. In order to ensure the achievement of the Court Procedure Rule: Order 1 Rule 1, the Court hereby orders that Counsel for 8th & 9th Defendants should file their Written Submissions by 12th September, 2022 and Counsel for Plaintiff should file by 26th September, 2022. Ruling on estoppel is slated for 1st November, 2022 at 9:00 a.m.
(sgd)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
(JUSTICE OF THE HIGH COURT)
R.A.