[2016]DLCA4537 • March 22, 2016 • Court of Appeal
AMADOU SALAM SALAMI vs. APOLLO STEEL GHANA LIMITED
The applicant, Apollo Steel Ghana Limited, was dissatisfied with a High Court judgment entered against it, alleging breach of natural justice as it was not given the opportunity to cross-examine the plaintiff or open its defense. The applicant failed to attend court on key hearing dates and sought to arrest judgment after it was delivered. The respondent, Amadou Salam Salami, had obtained judgment and commenced execution, receiving USD 10,000 via garnishee proceedings. The respondent, though resident in Togo, maintained family ties and property in Ghana.
read moreAGYEMANG JA:- This is a ruling in respect of an application for a stay of execution of the judgment of the High Court Accra delivered on the 18th of January 2015. The application is supported by a nineteen-paragraph affidavit sworn to by one Ravi Tiwariwho described himself as a Director of defendant appellant/applicant (referred to hereafter as the applicant) with the requisite consent of the applicant to depose to matters on its behalf. According to the said deponent, the applicant was dissatisfied with the judgment of the court below which was entered against it in breach of the rules of natural justice when the learned trial judge allegedly failed to give the applicant the opportunity to cross-examine the plaintiff on his evidence or for the applicant to open its defence. It was deposed that the applicant failed to attend court when the case was called for hearing of the 27th of January 2015 and that when the court adjourned for judgment an application by the applicant to arrest ...