ELIZABETH OPARE ADDO vs. GLORIA OPARE-ADDO & ANOR

This ruling is in respect of a motion filed on 11th June, 2020. The motion is praying the Court to stay execution pending appeal in respect of the Court’s refusal to set aside its judgment. The motion is supported by affidavit and exhibits. Counsel for Plaintiff/Judgment Creditor filed affidavit in opposition on 8th September, 2020. The Applicant in this application is the 2nd Defendant (Samuel Opare-Addo). Counsel for all the parties filed their respective written submissions. The Applicant in this application has two grounds. First, he contends that the Writ was not served on him and secondly, the Plaintiff has no capacity to sue in this case because, she had no vesting assent. In respect of the first issue, the Applicant contends that, he was not in the country when the Writ was issued and same was not served on him. However, on 5th November, 2013, the Court ordered the Writ of Summons and the Statement of Claim to be served on the Applicant by substituted service. There .....