THE REPUBLIC V. THE HIGH COURT, KOFORIDUA EX-PARTE: AUGUSTUS OSAE-AKONNOR AND SAMUEL AGYEI

OWUSU (MS), J.S.C.:-

The Interested Party in this application issued a writ of summons in the Respondent’s court, Koforidua for the reliefs endorsed thereon as follows:

i. “An order directing the Defendant to return Mercedes Benz S.500 with Chassis No. WDBNG84J5A460855 and BMW 745 LI with Chassis No. WBAGN6356DS56067 or their market value of US$186,000.”

ii. “Recovery of US$6,000 being the outstanding balance on Mercedes Benz S.500 with Chassis No.WDBUF70JX5A787505.”

Accompanying the writ was a statement of claim setting out the facts upon which the claim is based. The writ and statement of claim were filed on 15/12/08.

On that same day, counsel for the plaintiff filed an application ex-parte for absconding warrant and an order for preservation or alternatively for provision of security against Judgment about 40 minutes after the writ has been filed.

The application was moved on the very day that it was filed and before the Applicant herein could even enter appearance to the writ of summo…