EMMANUEL ANTIAYE ADDY (PLAINTIFF) vs. KOREWA AUTOMOTIVE COMPANY & ANOR (DEFENDANTS) [2014]DLHC7524

EMMANUEL ANTIAYE ADDY (PLAINTIFF) vs. KOREWA AUTOMOTIVE COMPANY & ANOR (DEFENDAN... [2014]DLHC7524

Date	2014-07-16
Suit No.	SUIT NO. AP55/2007
Citation No.	[2014]DLHC7524

HER LADYSHIP MRS. GIFTY AGYEI ADDO J.

AYIKOI OTOO FOR THE PLAINTIFF/RESPONDENT.

K. O. AMPONSAH DADZIE FOR THE DEFENDANTS/APPLICANTS.

[2014]DLHC7524
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													<main id="main" class="content" style="min-height: 60rem" ><a name="_Hlk24368112">EMMANUEL ANTIAYE ADDY<o:p></o:p></a>(PLAINTIFF)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>KOREWA AUTOMOTIVE COMPANY &amp; ANOR<span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0"><o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. AP55/2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE: 16TH JULY, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AYIKOI
OTOO FOR THE PLAINTIFF/RESPONDENT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

K. O. AMPONSAH DADZIE FOR
THE DEFENDANTS/APPLICANTS.<o:p></o:p>

HER LADYSHIP, MRS. GIFTY
AGYEI ADDO J.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>The
Defendants/Applicants (hereinafter known as the Applicants) on 20th November,
2013 filed a Motion on Notice to set aside/vacate the judgment of this Court
dated 6th May 1998 and the Orders of this Court dated 28th June 1999, for want
of jurisdiction, pursuant to the inherent jurisdiction of the Court. <o:p></o:p>The
Plaintiff/Respondent (hereinafter known as the Respondent) on 5th December,
2013 filed an Affidavit in Opposition to the instant Application. <o:p></o:p>The
Applicants filed a Supplementary Affidavit in Support of the instant
Application on 17th January, 2014. <o:p></o:p>The
instant Application is to set aside or vacate the Judgment of the High Court,
Accra dated 6th May, 1998 and the orders it made dated 28th June, 1998, the
Court presided over by His Lordship, Justice N. S. Gbadegbe (as he then was)
for want of jurisdiction. <o:p></o:p>The
facts standing uncontroverted or not in dispute are that His Lordship (as he
then was) who gave the decisions under attack was not the substantive Judge
before whom the suit was pending. That the judgment as given by him dated 6th
May, 1998, was upon the Chief Registrar placing the docket before him. That
following the Judgment, he subsequently also made Orders in respect of the suit
on 28th June, 1999. <o:p></o:p>What
the Applicants are urging on this Court is for an order setting aside or
vacating the Judgement and orders of this Court for want of jurisdiction. <o:p></o:p>In
taking a decision on this matter, I have referred to the case of Wiredu vrs.
Mim Timber Co. Ltd. (1963) 2 Ghana Law Report 168, holding 3. This case,
amongst other matters, dealt with proceedings which were taken in the Land
Court, Kumasi, when they should have taken place in the Land Court, Sunyani, in
which jurisdiction, the land, the subject matter in dispute, was situate The
Court in Holding 3 held as follows: <o:p></o:p>That
"The High Court under the Courts Ordinance Cap 4 (1951, Rev), repeated, as
under the Courts Act 1960 (C.A. 9) was just one High Court exercising
jurisdiction throughout the country. It was divided into judicial divisions
merely for the convenient administration of justice but not for the purpose of
limiting the jurisdiction of each judicial division to only matters arising
within its jurisdiction. Thus, a decision of a judicial division seised with a
case which could have been properly instituted in another division could be
valid unless at the trial an objection was raised either by a party to the
proceedings or the judge himself. Since no objection was raised at the
concession enquiry, the jurisdiction of the concession court could not be
challenged and the plaintiff's concession was, in accordance with the
Concession Ordinance, Section 32, good and valid" <o:p></o:p>I
have also looked at the case of In Re Appenteng (deceased) Republic vrs High
Court, Accra; (Commercial Division) Ex-parte Appenteng (Appentengs Interested
Parties) (2010) SCGLR 829. <o:p></o:p>In
this case, His Lordship, Tanko Amadu J. (as he then was) who was properly
seised with jurisdiction to sit as a vacation Judge did sit and hear a Contempt
Application in the vacation. He however delivered his ruling long after the
Legal Vacation had ended and hence lapsed. There was no evidence that his
Lordship had been further authorised by the Chief Justice to continue sitting
on the Contempt Application in the Commercial Division of the High Court, after
the end of the 2008 Legal Vacation. <o:p></o:p>Subsequently,
the Applicant, Dr. Kwabena Appenteng, filed an Application for Certiorari in
the Supreme Court to quash the decision of the trial Judge, Justice Tanko
Amadu, sitting in the Commercial Division of the High Court. Counsel for the
Applicant contended that, as the original proceedings of the case had been
pending in the ordinary High Court, his Lordship Tanko Amadu, a Judge of the
Commercial Division of High Court, </main>