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BEN KUMA—AGENT FOR FAROE SEA FOOD C/O OYEMAN CHAMBERS, TEMA V. MESSRS EAST COAST FISHERIES LTD., EMELIA MOKOR, STATE FISHING CORP.

(1999) JELR 68231 (SC)

Supreme Court  •  CIVIL MOTION NO.69/98  •  10 Feb 1999  •  Ghana

Coram
EDWARD WIREDU J.S.C. (PRESIDING), KPEGAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., MS. AKUFFO J.S.C.

Judgement

SOPHIA A.B. AKUFFO, J.S.C.:

A brief summary of the background of this application will suffice to place the matter in its proper perspective. Furthermore, in this ruling, we intend to rely upon the record of appeal in Civil Appeal No. 5/98 to enable us deal effectively with the issues arising herein.

On June 24th 1991, the Respondent obtained Summary Judgement in suit number 2075/90, against East Coast Fisheries Limited and the Applicant (the Managing Director of the Company), for the recovery of a trade debt arising from the supply of fish to the Company. Subsequent to the summary judgement, the Company and the Applicant, by a motion filed on July 19th, 1991, applied to the High Court for orders staying execution of and setting aside the summary judgement, which application was dismissed on July 15th 1992. In that application, the Applicant herein and the 1st Defendant challenged the amount adjudged as owing. Furthermore, the Applicant herein, for the first time in the suit, raised the…

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