MOVINGUI INVESTMENT LTD vs. ADJETEY MENSAH AND JOSEPH AMARQUAYE

Before me is an application for stay of execution of the judgment of this Court dated 22nd November 2018 and an order to set aside the said judgment. The Applicants’ case, as can be gleaned from the affidavits filed in support of the instant application, is that their Counsel failed to communicate the Court’s orders regarding filing of witness statements and notification of a trial date to them. As a result, they failed to participate in the trial which ended in the delivery of judgment against them; a situation which they consider unjust. In the affidavit in opposition filed by respondent’s Counsel it was argued that the Applicants were unjustly blaming their Counsel for their failure to follow the progress of the case. It was further argued that the Applicants had continued to construct a building on the land in dispute which they had rented out and were now seeking to reverse the gains made by the plaintiff/ Respondent. Counsel for the Applicants, in his oral submiss...