MESSRS LINER MOTORS vs. OCEAN MOTORS LTD & ANOTHER

OFOE,J.A: Messrs Liner Motors, the respondent to this appeal, had judgment against the appellants, a Ghanaian registered company and its Managing Director, in Italy. It is not in dispute that the judgment was given by a Superior Court in Italy. There were 6 judgments in all. Being foreign judgments the respondent, in terms of section 83 of the Courts Act1993, Act 459 and Order 71 rule 9 of the High Court Civil Procedure Rules, sought and had the judgments registered on the 15th of June 2016 in other to facilitate their execution against the appellants. When the appellant /judgment debtor got to know of the registration of these judgments after entry of judgment had been served on them by substituted service they applied to have the registration set aside. The reasons they sought to set aside these judgments were deposed to in their affidavit filed on the 28th of August 2017 found at page 60 of the record. Their depositions can be stated as follows: “1. They had no notice of any tri.....