MISYL ENERGY LIMITED V. WARREN OIL COMPANY LIMITED
(2018) JELR 107343 (HC)
High Court
•
GJ/23/18
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10 Oct 2018
•
Ghana
Coram
GIFTY AGYEI ADDO
Appearances
MARIGOLD ALLOTEY, FOR THE PLAINTIFF/RESPONDENT.
NANA KYEKYE DARKO, HOLDING THE BRIEF OF SOMUAH ASAMOAH, FOR THE DEFENDANTS/APPLICANTS
Judgement
<p>R U L I N G </p><p> </p><p> </p><p>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). </p><p> </p><p>SUBMISSIONS OF COUNSEL FOR THE DEFENDANTS/APPLICANTS </p><p> </p><p>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. </p><p> </p><p>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. </p><p> </p><p>The leg of the application that seeks to stay execution of the judgment is hereby abandoned. </p><p> </p><p> </p><p>RESPONSE OF COUNSEL FOR THE PLAINTIFF/RESPONDENT </p><p>The Writ was signed by the lawyer who issued same. Further, the name of the lawyer who issued the Writ was also stated. </p><p> </p><p>R U L I N G </p><p>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…</p>