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April 23, 2024
HIGH COURT
GHANA
CORAM
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)
AI Generated Summary
Justice Francis Obiri of the High Court addressed procedural irregularities in a civil matter. On 1 November 2023, the court struck out the case for want of prosecution and ordered the Plaintiff to pay GHS 2,000 as costs, expressly making that payment a condition precedent to any fresh step in the litigation. Despite this, the case was relisted on 1 March 2024 although the Plaintiff had not satisfied the imposed condition. The court determined that the relisting order was a nullity and, invoking its inherent authority ex debito justitiae, set aside the relisting. In reaching this conclusion, the court relied on appellate guidance from Riss Henry Okaikwei v Nathaniel Azuma Nelson, Network Computer Systems Ltd v Intelsat Global Sales, and Republic v High Court (Fast Track Division), Accra; Ex parte Speedline Stevedoring Co. Ltd (Dolphyne – Interested Party).