ATTIYYATUL AZIZ ABDULLAH (PLAINTIFF/RESPONDENT) vs. JOSEPH AMON KOTEY (DEFENDANT) RICHARD HLORMADOR [2019]DLHC6790

ATTIYYATUL AZIZ ABDULLAH (PLAINTIFF/RESPONDENT) vs. JOSEPH AMON KOTEY (DEFENDANT... [2019]DLHC6790

Date	2019-07-12
Suit No.	SUIT NO: GJ/1088/2016
Citation No.	[2019]DLHC6790

KWEKU T. ACKAAH-BOAFO

NELSON ATANGA AYAMDOO FOR THE PLAINTIFF/ RESPONDENT

GARY NIMAKO MARFO FOR CLAIMANT/ APPLICANT

[2019]DLHC6790
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													<main id="main" class="content" style="min-height: 60rem" >ATTIYYATUL AZIZ ABDULLAH<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>JOSEPH AMON KOTEY<o:p></o:p>(DEFENDANT)<o:p></o:p>RICHARD HLORMADOR<o:p></o:p>(CLAIMANT/APPLICANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (GENERAL JURISDICTION DIVISION,
COURT 6), ACCRA]<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">

</div>COUNSEL: <o:p></o:p>NELSON
ATANGA AYAMDOO FOR THE PLAINTIFF/ RESPONDENT <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">

GARY
NIMAKO MARFO FOR CLAIMANT/ APPLICANT <o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS
LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO<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;
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RULING
– RELISTMENT OF CLAIM<o:p></o:p>

</div>Introduction:<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Background:<o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
facts of this case are free from complexity but in order to understand the
reasoning behind my conclusion it is important to give the historical
background of this suit and the instant application. My review of the docket
shows that the Original Writ of Summons was filed on July 28, 2016. The claim
was for the refund of the amount of GH¢
538,000 and interest and cost. The writ of summons with the statement of
claim was served on the Defendant through the Legal Department of Nsawam
Prisons. After no appearance was entered by the Defendant, a Motion Ex Parte
for Final Judgment was filed on December 20, 2016. On December 22, 2016 the
application was granted and judgment was entered in favour of the Plaintiff. I
note that though the Defendant was serving a prison term he was in Court with
Prison Officers and did admit to the Court that he had no defence to the claim
because he was owing the Plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>[2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Plaintiff filed an Entry of Judgment on January 19, 2017 and same was again
served on the Defendant through the Legal Department of the Nsawam Prisons. The
Plaintiff set the execution process in motion and filed an application for
Fi.fa on February 2, 2017 and attached a parcel of land at Dzorwulu among
others. A Notice of Claim was filed by Richard Hlomador, the Applicant herein
by his Counsel on February 20, 2017 and the address provided was: Afadjato
Chambers, Graphic Road, A. Lang Building, Adabraka, Accra. A Notice of Dispute
was filed by the Plaintiff on February 22, 2017. <o:p></o:p><o:p>&nbsp;</o:p>[3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
record further shows that on March 27, 2017 this Court granted the Registrar’s
application for the parties to appear before the Court so that the issue
between them could be dealt with in accordance with law. Because no personal
address of the Claimant was provided when the claim was filed, according to the
Plaintiff/Disputant personal service of the order on the Claimant became
impossible and therefore on April 26, 2017 the order was varied by the Court
and the Plaintiff was granted leave to serve the order on Afadjato Chambers.
The order was complied with and thereafter numerous hearing notices including
the Court notes of May 12, 2017 were also served on the lawyers for the
claimant but they failed and/or neglected to attend Court.<o:p></o:p>