ADDY YORK CO. LTD vs. NOBLE DREAM FINANCIAL SERVICES AND KWADWO OWUSU SEKYERE [2017]DLHC4046

Date	2017-01-18
Suit No.	SUIT NO. INTS 25/2015
Citation No.	[2017]DLHC4046

DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

KWASI ADU MANTEY FOR APPLICANT/CLAIMANT

ALFRED ANIM QUARSHIE FOR RESPONDENT/JUDGMENT CREDITOR

[2017]DLHC4046
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ADDY YORK CO. LTD<o:p></o:p>vs.<o:p></o:p>NOBLE DREAM FINANCIAL SERVICES AND KWADWO OWUSU SEKYERE<o:p></o:p>&nbsp;[HIGH COURT
(COMMERCIAL DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in;margin-left:0in;margin-right:.2in">

SUIT&nbsp;NO. INTS 25/2015&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: 18THJANUARY, 2017<o:p></o:p>

</div>COUNSEL
<o:p></o:p>KWASI ADU MANTEY FOR
APPLICANT/CLAIMANT <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in;margin-left:0in;margin-right:.2in">

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in;margin-left:0in;margin-right:.2in">

</div><p class="MsoNormal" align="center" style="margin-top:1.45pt;margin-right:0in;
margin-bottom:0in;margin-left:0in;margin-bottom:.0001pt;text-align:center;
mso-pagination:none;mso-layout-grid-align:none;text-autospace:none"><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in;margin-left:0in;margin-right:.2in">

<p class="MsoNormal" align="center" style="margin-top:1.45pt;margin-right:0in;
margin-bottom:0in;margin-left:0in;margin-bottom:.0001pt;text-align:center;
mso-pagination:none;mso-layout-grid-align:none;text-autospace:none;border:none;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">RULING<o:p></o:p>

</div>This is an application to
relist the interpleader proceedings struck out on the 25TH OF July, 2015 &nbsp;for want of prosecution. Before going into the
merits of the instant application, I shall go into the factual and the
procedural history of the case. <o:p></o:p>The
background to the application<o:p></o:p>The claimant/applicant
herein filed his Notice of Claim in respect of property situate on Plot 7, 8,
9, 10, 11 and 12 Block G, Pakyi which was attached in execution. The said claim
was filed on the 26th of February, 2015 through the then solicitors
of the applicant, Holy Trinity Chambers.<o:p></o:p>On 25/03/2015 an
application for an order calling the parties to attend court to contest the
claimant’s claim was granted. It was ordered by the court that both the
claimant and plaintiff/judgment creditor should attend court on 30/03/2015 for
the determination of the claimant’s claim.<o:p></o:p>On 30/03/2015 one Richard
Okyere represented the plaintiff at the hearing but both the claimant/applicant
and his lawyer were absent. The court adjourned the matter to 08/05/2015 and
hearing notice was ordered to be served on the claimant.<o:p></o:p>On 08/05/2015 the parties
were absent but lawyer for the claimant was present. The suit was further
adjourned to 16/06/15.<o:p></o:p>On 16/06/2015 the Plaintiff
was present and the claimant was represented by one AkwasiAgyemang. The case
was adjourned to 07/09/15. Counsel for plaintiff/judgment creditor filed an
application for abridgment of the hearing date. It is on record that the
claimant was served with the application but did not file an affidavit in
response neither did him nor his lawyer appeared in court when the application
was moved on 03/07/2015. The application was granted and the suit was adjourned
to 16/07/2015.<o:p></o:p>On 27/07/2015 the court
struck out the claimant/applicant’s claim for want of prosecution. The court
stated that even though the claimant had been served to appear in court on the
day he failed to do.<o:p></o:p>It appears the
claimant/applicant subsequently engaged the services of his current lawyer.
Counsel subsequently filed a fresh interpleader application with suit No. INTS
21/2016.&nbsp; However, on the 19/02/2016 counsel
applied to withdraw the suit as he considered it to be an abuse of the Court
processes. The court granted the application and the suit was struck out as
withdrawn.<o:p></o:p>On 13/09/16, about 7
months after the fresh interpleader suit was struck out, the applicant filed an
application for relistment of the interpleader proceedings struck out on 27/07/2015
for want of prosecution. On 22/09/2016 and 12/10/2016 when the case came up for
hearing the claimant/applicant and his lawyer failed to turn up to move the
application. Consequently, on the said 12/10/2016 the court warned that the
application will be struck out if applicant fails to appear in court on the
next adjourned date to move his motion. The case was adjourned to 14/11/16.<o:p></o:p>When the matter was called
on the 14/11/2016, the parties were absent but both counsel were present.
Counsel for the claimant had filed a motion for stay of execution pending the
determination of the interpleader suit. Counsel for plaintiff/judgment
creditor/respondent had filed an affidavit in opposition to the motion. Counsel
for applicant applied to the court to file a supplementary affidavit to the
motion and the application was granted and the case was adjourned to
29/11/2016.<o:p></o:p>On 29/11/16, a
representative of the plaintiff was present but claimant was absent and never
bothered to send a representative. Both counsel were present. At the instance
of claimant’s counsel the case was adjourned to 01/12/2016.<o:p></o:p>All the parties were
absent on the 01/12/2016. Plaintiff’s counsel was present and Bright Obeng Manu
Esq. held brief for counsel for the claimant/applicant. He prayed the court for
an adj</main>