UNIVERSAL MERCHANT BANK LIMITED vs NDK FINANCIAL SERVICES LIMITED

RULING The court is informed, that there is a case pending before this court between the parties herein in respect of the same properties the Applicant herein is seeking to realise in this case. The court is also informed, that the said case was filed before this present case was filed. The court will therefore order counsel for the parties to address it as to whether this case has properly invoked the jurisdiction of the court because of the pendency of the other case which was filed earlier in time. It is settled, that the law permits the court to draw the attention of parties in litigation to legal issues not addressed by the parties, but which the court considers paramount in the consideration of the issues before the court, and invite submissions from both parties on the said issues, if the court intends to rely on such issues in the determination of the case before it. See: SAVIOUR CHURCH OF GHANA v ABRAHAM KWAKU ADUSEI AND OTHERS [2021] 174 GMJ 1 SC Again, the court can...