JUSTICE GILBERT MENSAH QUAYE SUBSTITUTED BY DANIEL MENSAH QUAYE V. KOIWA INVESTMENT CO. LTD & ORS.

R U L I N G

The Applicants lawyer filed a motion to set aside the Writ of Execution on 24th January, 2017, and fixed for it for today, 7th February, 2017, for hearing. 

The Applicants are absent and Counsel has written a letter for an adjournment. The basis for the adjournment is frivolous and I will determine the application on its merits. 

As the presiding Judge for the Court I have examined all the processes filed by the Applicants as well as the Respondents even though the applicants are absent to have their motion. 

I am satisfied that this same Applicants filed an application to set aside the Writ of Execution and which was dismissed by this Court on 31st October, 2016. 

The Applicants dissatisfied with the Ruling of this Court appealed against the ruling and filed Stay of Execution. The Court of Appeal on 17th January, 2017, dismissed the application for Stay of Execution.

By paragraph 7 of the Affidavit in Opposition filed by the Plaintiff on 20th January, 2017, the Plaintiff has de…