SANDAH vs. ASANTE AND ANOTHER

This application is brought under Order 34, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), asking for an order staying certain proceedings that are now pending before the Lartebiokorshie District Court Grade I, until the present suit now pending in this court is heard and determined. Counsel for the applicant, Miss Ayisi, argued with all seriousness, that if the action in the said district court is allowed to proceed, it will prejudice the applicant’s claim which is before this court, since the claim in the district court as well as the claim in this court involves similar points of law. Learned counsel for the applicant further submitted that the goods that are the subject-matter of the dispute before the Lartebiokorshie District Court were wrongfully seized by the respondents at the Ghana-Togo border, from the custody of the applicant’s bailee, who is now one of the two defendants in the action proceeding in the said district court. Counsel therefo...