[2010]DLSC4145 • March 24, 2010 • Supreme Court •
NANA AKOSUA AGYEMANG vs. THE TRUSTEES SYNAGOGUE CHURCH OF ALL NATIONS
The case concerns a repeat motion for stay of execution pending appeal filed by the Defendants/Appellants/Applicants against the Plaintiff/Respondent. The Respondent raised a preliminary objection that the motion was not properly before the Supreme Court, specifically challenging the service of the affidavit in opposition on the Applicants' counsel. The Applicants' counsel contended that service on their clerk did not constitute proper service as the document did not reach him personally.
read moreATUGUBA, JSC: The Defendants/Appellants/Applicants brought before this court a repeat motion for stay of execution pending appeal. In an affidavit in opposition, deposed to on her behalf, the Plaintiff/Respondent stated in paragraph 5 thereof thus: “That at the hearing of this application Counsel for the Plaintiff/Respondent will raise a preliminary objection that the instant application is not properly before this Honourable Court” The Respondent then proceeded in subsequent paragraphs to state further and better particulars of her objection. When on 16/3/2010 the motion was called counsel for the applicants, Eric Agbolosu, of K-San Chambers objected that the respondent could not be heard as to her preliminary objection since the same had not been served on him. This court drew his attention to the proof of service before the court which states that the affidavit in opposition wherein the preliminary objection was raised has been served on K-San Chambers “through Joseph...