[2024]DLHC18417 • October 16, 2024 • High Court
CDL ASSET MANAGEMENT CO. LTD vs. METROPOLIS DEVELOPMENT LTD & 3ORS.
The Plaintiff, CDL Asset Management Co. Ltd, alleges that the 1st Defendant, Metropolis Development Ltd, breached the Master Purchase and Sales Agreement (MPSA) by failing to deliver apartments as agreed. The Plaintiff seeks possession of 26 apartments in Block A Aqua, apartments in Block B Alto, and Block C Azure at Vilagio Vista Condominium, East Dzorwulu, Accra, along with injunctions restraining the Defendants from transferring or alienating these properties or proceeds from them, and recovery of arrears of rental income.
read moreRULING This ruling is in respect of an application filed by the Plaintiff/Applicant (hereinafter referred to as “Applicant”) for an Order for Leave to serve Interrogatories on the Defendants/Respondents (hereinafter referred to as “Respondents”). This application is supported by an 18- paragraphed Affidavit dated 17th July, 2024. On the other hand, the Respondents are opposed to the instant application. Respondents filed a 17-paragraphed Affidavit in Opposition dated 30th July 2024. ANALYSIS AND DECISION Order 22 Rule 1 of High Court (Civil Procedure) Rules, 2004 (C.I 47) states as follows: (1) A party may apply for an order (a) Giving the party leave to serve on another party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter; and (b) requesting that other party to answer the interrogatories on affidavit within such period as may be specified in the order, (2) The interrogatories shall be as in Form 10 in ...