[2018]DLCA4860 • January 18, 2018 • Court of Appeal
WEST AFRICA QUARRY LTD. vs. GODFRED SUMABE AND 3 OTHERS
The respondent initiated a suit at the High Court Commercial Division, Accra, seeking an injunction to restrain the appellants from interfering with its possession of a quarry concession and a refund of GH¢2.3 million. The appellants counterclaimed for recovery of an outstanding contract balance. The High Court entered judgment for the appellants and others on their counterclaim. The appellants then applied for leave to attach properties of the respondent's directors to satisfy the judgment debt, which was dismissed by the High Court. The appellants appealed this dismissal.
read moreHONYENUGA, JA This appeal is against the Ruling of the High Court (Commercial Division), Accra dated the 24th day of January, 2017. In the said ruling, the High Court dismissed the 1st and 2nd defendants/appellants application to attach the properties of the plaintiff/respondents and its Directors for non-payment of the Judgment debt dated the 31st day of July 2015. In this appeal, the 1st and 2nd defendants/appellants would be simply referred to as the appellants and the plaintiff/respondent and the Directors as the respondents. The facts of this appeal may be stated as that the respondent initiated an action against the appellants and others at the High Court, Commercial Division, Accra claiming inter alia an injunction to restrain them from interfering with the respondent’s quiet possession of the concession and quarry to mine limestone/dolomitic limestone, and refund of GH¢2.3million. The appellants among others counterclaimed, claiming recovery of GH¢1,829,650.00 being ...