STACY AMEWOYI vs ANN KUSI POKU
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’.
Areas of Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
On 1st November 2023, a case was struck out due to want of prosecution, with a condition that the Plaintiff pay costs before taking any further steps. Despite this condition not being met, the case was relisted on 1st March 2024. The court found this relistment to be a nullity and thus set it aside. The court referenced previous cases in making this determination and asserted its power to set aside the order ex debito justitiae.
On 1st November 2023, the court struck out the case for want of prosecution, and ordered the Plaintiff to pay cost of GHS 2, 000. 00 before she could take any fresh step, under the authority of RISS HENRY OKAIKWEI v NATHANIEL AZUMA NELSON [2022] 177 GMJ 251 CA.
However, on 1st March 2024, the court relisted the case without the Plaintiff satisfying the condition precedent which was set by the court to be fulfilled before she could take any fresh step in the case.
This makes the order of the relistment a nullity.
And once that has been detected by the court itself, then the court has power to set aside the order of relistment ex debito justitiae.
See: NETWORK COMPUTER SYSTEMS LIMITED v INTELSAT GLOBAL SALES[2012] 1 SCGLR 218 REPUBLIC v HIGH COURT (FAST TRACK DIVISION) ACCRA, EX PARTE SPEEDLINE STEVEDORING CO.
LTD (DOLPHYNE – INTERESTED PARTY)[2007-2008] SCGLR 102
Accordingly, the order relisting the case is set aside.
FRANCIS OBIRI(JUSTICE OF THE HIGH COURT)