[2013]DLSC6379 • March 5, 2013 • Supreme Court •
AXEX COMPANY LIMITED vs. KWAME OPOKU & 2 ORS.
The respondent, Axex Company Ltd, initiated a suit in the High Court seeking an interim injunction to restrain the 1st Defendant from disposing of a building and to freeze bank accounts of the Defendants. The Defendants admitted owing part of the claimed sum ($1,475,330) during summary judgment proceedings. The court entered summary judgment for the admitted amount and set the balance for trial. Execution processes commenced, but the Defendants changed solicitors and filed an appeal out of time, later granted extension. The appeal was dismissed by the Court of Appeal and subsequently by the Supreme Court. The Defendants then filed a review application at the Supreme Court.
read moreAKAMBA JSC This review application lies from the unanimous decision of this court rendered on 19th July 2012 dismissing an appeal from a decision of the Court of Appeal dated 31st July 2008. The material facts giving rise to the present application are as follows: The plaintiff/respondent/respondent (Axes Company Ltd) herein after simply referred to as the respondent issued a writ of summons in the High Court claiming as plaintiffs for an order of interim injunction restraining the 1st Defendant/Appellant/Applicant from disposing of a building at the Tema end of the Motorway (Tema); an order freezing the accounts of the 1st, 2nd and 3rd Defendants/Appellants/Applicants at Ecobank, Tema; an order freezing the accounts of the 1st Defendant/Applicant at Barclays Bank, Tema; an order compelling Barclays Bank, Tema to furnish the court with the statement of accounts of the 1st Defendant/Appellant/Applicant from January 2004 to date; an order compelling Ecobank to furnish the court wi...