[2019]DLHC6875May 16, 2019High Court

ALHASSAN MUSAH TIMBERS LTD vs. FRANKO TIMBERS LTD

In this motion on notice the Defendant/Applicant (hereinafter called the Applicant) is praying this court for the following: (a) An order staying the execution and/or further execution of the judgment of the Honourable Court dated February 4, 2014; (b) An order setting aside the purported writ of summons and statement of claim filed in the above suit on February 24, 2012 as having been issued in clear breach of statutory and time-honored procedural requirements thus making the writ of summons and statement of claim void; (c) An order setting aside all processes, steps taken and proceedings, including the judgment dated February 4, 2014, as having been respectively filed, undertaken or delivered based on a void writ of summons and statement of claim which could not have properly invoked the jurisdiction of the Honorable Court. (d) An order setting aside the purported: (i). ‘Notice of Withdrawal of the Notice of Appeal, filed on the 2nd May, 2014’ filed on 15/11/18; (ii) Entry o...