ROSE ARYEE VS TSIE WE FAMILY
March 9, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
March 9, 2023
HIGH COURT
GHANA
CORAM
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On the 18th day of January, 2023 the 1st Defendant filed an Application for Directions as a result of the failure of the Plaintiff to file same.
However the Application was resisted by the Plaintiff who filed an Affidavit opposing the grant of the Application.
Per the Affidavit in Opposition the Plaintiff is seeking an Order Staying Proceedings in this Suit pending a Consolidation Application before another Court.
It is my candid opinion that granting the instant Application will not affect the Application for Consolidation.
This clearly stems from the fact that should the Application for Consolidation be granted both suits will be placed before his Lordship the Honourable Chief Justice for him to determine the forum notwithstanding the stages both suits may be.
In the circumstance I shall set down the issues prayed per the Application for Directions as the issues for trial.
The parties are hereby ordered to file their Witness Statements on before the 17th of April, 2023.
Case adjourned to 17th April, 2023.
(SGD)
EMMANUEL AMO YARTEY (J)
AI Generated Summary
In this civil case, on January 18, 2023, the 1st Defendant sought an Application for Directions due to the Plaintiff’s failure to file a required document. The Plaintiff resisted, filing an affidavit seeking a stay of proceedings pending a consolidation application before another court. His Lordship Emmanuel Amo Yartey (J) concluded that granting the requested directions would not prejudice or interfere with consolidation. He explained that, if consolidation is granted, both suits would be placed before the Honourable Chief Justice to determine the appropriate forum regardless of the cases’ procedural stages. Accordingly, the court set the issues prayed in the Application for Directions as the issues for trial, ordered witness statements to be filed by April 17, 2023, and adjourned the matter to that date.