[2011]DLSC4127 • January 26, 2011 • Supreme Court •
AXES COMPANY LTD vs. KWAME OPOKU, SYLOP COMPANY LTD. AND UNIQUE COMPANY LTD.
The respondent (plaintiff) initiated a suit at the High Court seeking an interim injunction to restrain the 1st defendant from disposing of a property, freezing of bank accounts of the defendants, and compelling banks to furnish statements of accounts. The defendants admitted owing part of the claimed sum ($1,475,330) but disputed the balance. The High Court granted summary judgment for the admitted sum and set the balance for trial. The defendants appealed out of time, sought and were granted extension of time to file the appeal, which was eventually dismissed by the Court of Appeal. The defendants then appealed to the Supreme Court.
read moreTHE PRESIDENT OF THE COURT INVITED BAFFOE-BONNIE J. S. C. TO DELIVER HIS JUDGMENT FIRST. BAFFOE-BONNIE JSC. For a better appreciation of the issues to be resolved in this case it is important to set out in detail the facts that have given rise to this appeal. The respondent in this appeal brought an action at the High Court. The writ was indorsed as follows: The plaintiff’s claim is for: 1. An order of interim injunction restraining the 1st Defendant from disposing of the property, that is, a building at Tema end of the Motorway (Tema) 2. An order freezing the accounts of the 1st Defendant , 2nd and 3rd Defendants at Ecobank, Tema 3. An order freezing the accounts of the 1st Defendant at Barclays Bank , Tema 4. An order compelling Barclays Bank to furnish the court with the Statement of accounts of the 1st Defendant from January 2004 to date 5. An order compelling Ecobank to furnish the court with the statement o.....