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LARTEY AND LARTEY LTD. V. BEANY AND ANOTHER

(1980) JELR 68881 (HC)

High Court  •  15 Aug 1980  •  Ghana

Coram
CECILIA KORANTENG-ADDOW J.

Judgement

CECILIA KORANTENG-ADDOW J.: This is an application under Order 25, r. 4 of the High Court (Civil Procedure) Rules 1954 (L.N. 140A) and the inherent jurisdiction of the court:

“praying for an order that all further proceedings in this action be stayed and that the action be dismissed on the grounds of res judicata, and [on the ground] that the [action] is frivolous, vexatious and an abuse of the process of the court.”

The reliefs sought are as follows:

“(a) a declaration that Sweaters and Socks Factory Ltd. belongs and shall remain the property of Lartey and Lartey Ltd., the Gaisie Committee of 4 September 1975 and subsequent judgments/orders of the High Court dated 6 May 1976 and in suit No.67/78 dated 22 February 1978 being void ab initio, as the special tribunal in its ruling of 23 May 1980 held that the Gaisie Committee lacked jurisdiction to investigate Sweaters and Socks Factory Ltd.;

(b) recovery of possession of Sweaters and Socks Factory Ltd., from the second defendants;

(c) an o…

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