COMMODORE TEXTILE MILLS LTD. vs. BARCLAYS BANK GHANA LTD.

JUDGMENT OF EDUSEI J. There are two applications by the defendants asking, that the order of Aboagye J. dated 31 July 1975 be discharged and also that this court do permit the defendants to sell the raw materials in their possession and to credit the overdrawn account of the plaintiffs with the defendants, with the proceeds thereof. The plaintiffs have opposed both applications. As regards the application to discharge the order of Aboagye J., the substance of Mr. Adjetey’s arguments against it is that this court presided over by me has no jurisdiction to discharge the order made by Aboagye J. since such an order would be tantamount to reviewing the order of Aboagye J. The contention of the defendants’ counsel is that an application to discharge an order by another judge is not a review within the meaning of Order 39 of the High Court (Civil Procedure) Rules, 1954 (L. N. 140A), but is in a sense a fresh application to be considered on the facts now available. Howe...