CAPSTONE OIL LIMITED & 2 ORS. vs. CIRRUS OIL SERVICES LIMITED AND SETH BENJAMIN ASHLEY

RULING This is a motion on notice filed by the 1st Defendant/Applicant (hereinafter called the “Applicant”) praying the Court to set aside the writ of summons issued by the Plaintiffs/Respondents (hereinafter called the “Respondents”) on 28th February, 2022. The background facts leading to this application are that on 23/06/2017, the 1st Defendant instituted an action at the High Court Commercial Division, Sekondi in Suit No BDC/10/2017 claiming against the Plaintiffs/Respondents herein the following: a. The sum of GH 5,113,217.24 being outstanding balance of petroleum products. b. Interest on the said sum at the prevailing lending bank rate from 09/05/2015 till date of final payment. c. Costs, including lawyer’s fees. d. Alternatively Judicial Sale of Property Nos. WR 1750/2005, Apimanim and WR 551/13, Nkroful used as Collateral. That pursuant to terms of settlement filed by the Applicant and Respondents, consent judgment was entered in favour of the Applicant on 03/0...