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ASANTE AND ANOTHER V. K COMPU SERVICES LTD

(2002) JELR 65770 (HC)

High Court  •  23 Apr 2002  •  Ghana

Coram
APPAU J

Appearances
AYIKOI OTOO FOR THE DEFENDANT-APPLICANTS; MRS ZWENNES FOR THE PLAINTIFF-RESPONDENTS.

Judgement
<p><strong>APPAU J.</strong></p><p> This is an application by the defendant-judgment-debtor (hereinafter referred to as the applicants) praying this court for three orders which I reproduce below:</p><blockquote>“(a) An order staying execution of the order of this court dated 21 July 1997 forfeiting the lease agreement executed between the parties dated 9 January 1996.</blockquote><blockquote>(b) An order setting aside the writ of possession obtained by the plaintiff-judgment-creditors (hereinafter referred to as the respondents). </blockquote><blockquote>(c) An order granting the applicant-lessee relief against forfeiture of the said lease as per the grounds contained in the accompanying affidavit.”</blockquote><p>The application was supported by an affidavit which counsel for the applicant relied on in his submissions.</p><p>The respondents strongly opposed the application and filed two affidavits to that effect on 28 May 2001 and 3 September 2001 respectively. The gravamen of the two affidavits in opposition is that the present application is an abuse of the court’s process since there is no sui…</p>

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