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MISYL ENERGY LIMITED v. WARREN OIL COMPANY LIMITED

(2018) JELR 107343 (HC)

High Court  •  GJ/23/18  •  10 Oct 2018  •  Ghana

Coram
GIFTY AGYEI ADDO

Judgement

R U L I N G

MOTION ON NOTICE TO STAY EXECUTION, SET ASIDE JUDGMENT AND DISMISS SUIT PURSUANT TO ORDER 2 RULE 7 (2) OF HIGH COURT (CIVIL PROCEDURE) RULES, 2004 (C.I. 47).

SUBMISSIONS OF COUNSEL FOR THE DEFENDANTS/APPLICANTS

The writ as issued was not signed either by the Plaintiff/Respondent or its lawyer, contrary to Order 7 Rule (2) of C.I. 47.

Secondly, although the name of the chambers is stated, the name of the lawyer issuing the writ is not stated. That being the case, the writ is a nullity and also the judgment premised upon it, is also a nullity.

The leg of the application that seeks to stay execution of the judgment is hereby abandoned.

RESPONSE OF COUNSEL FOR THE PLAINTIFF/RESPONDENT

The Writ was signed by the lawyer who issued same. Further, the name of the lawyer who issued the Writ was also stated.

R U L I N G

The Defendants/Applicants are in this Court per their motion on notice, to stay execution or to set aside the judgment of this Court dated 17th day of Apr…

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