EMMANUEL ANTIAYE ADDY (PLAINTIFF) vs. KOREWA AUTOMOTIVE COMPANY & ANOR (DEFENDANTS)

The Defendants/Applicants (hereinafter known as the Applicants) on 20th November, 2013 filed a Motion on Notice to set aside/vacate the judgment of this Court dated 6th May 1998 and the Orders of this Court dated 28th June 1999, for want of jurisdiction, pursuant to the inherent jurisdiction of the Court. The Plaintiff/Respondent (hereinafter known as the Respondent) on 5th December, 2013 filed an Affidavit in Opposition to the instant Application. The Applicants filed a Supplementary Affidavit in Support of the instant Application on 17th January, 2014. The instant Application is to set aside or vacate the Judgment of the High Court, Accra dated 6th May, 1998 and the orders it made dated 28th June, 1998, the Court presided over by His Lordship, Justice N. S. Gbadegbe (as he then was) for want of jurisdiction. The facts standing uncontroverted or not in dispute are that His Lordship (as he then was) who gave the decisions under attack was not the substantive Judge before whom t...