SHAMS-DEEN NYARKOH (Substituted by VERONICA VERA NYARKO) VRS UNION OIL GHANA LTD ; YAW ADDO

INTRODUCTION & PROCEDURAL HISTORY:

1. This appeal presents an opportunity for us to reflect on the strategic deployment of legal arguments as a mode of trial, sanctioned by the Rules of Court, aimed at expediting the dispensation of justice within the intendment of Order 1 rule 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
2. While this procedural framework can potentially aid an adjudicator streamline the judicial process and minimize delays, its effectiveness depends on careful deployment and adherence to due process, particularly in ensuring that the issues identified for determination are indeed dispositive of the entire matter. As we navigate the complexities of this case, we are reminded of the delicate balance between efficiency and fairness, and the crucial role that legal arguments play in facilitating a swift and just resolution of disputes.
3. The appeal was filed by the Plaintiff/Appellant on June 23, 2022, against the Judgment delivered by the High Court, Cape Coast, on March 24, 2022. The Judgment and the Notice of Appeal can be found at pages 156 to 170, and 173 to 175 of the Record of Appeal, respectively. For the purposes of this Judgment, the parties will be referred to as they were designated in the lower court. Further, references to “Cruspect” or “Cruspet” Company Limited are to be construed as referring to the Appellant herein.
4. A brief recitation of the facts underpinning this action as gleaned from the judgment of the lower court is that the 1st Defendant obtained a default judgment against Cruspet Company Limited for GH¢86,318.80, which represented the outstanding balance for petroleum products sold and delivered between January 1, 2014, and July 12, 2014, including interest and costs. The 1st Defendant swiftly enforced the judgment, attaching a Gas Filling Station at Elmina that it claimed was owned by Cruspet Company Limited (the “Gas Filling Station”).
5. The Gas Filing Station was auctioned, and was purchased by the 2nd Defendant being the successful bidder at the auction. After paying the judgment sum of GH¢86,318.80, the 2nd Defendant was issued a Certificate of Purchase and was also granted leave by the court to take possession of the Gas Filing Station.
6. From the judgment of the lower court, it is observed that several intervening attempts by both the Plaintiff herein and Cruspet Company Limited to set aside and/or to reverse the execution of the judgment were unsuccessful. The trial court denie