JUNCHEN ENTERPRISE LIMITED (PLAINTIFF) vs. AMA FOSUAH (DEFENDANT) [2019]DLHC7171

Date	2019-04-04
Suit No.	SUIT NO. CM/RPC/0172/2018
Citation No.	[2019]DLHC7171

HIS LORDSHIP GEORGE K. KOOMSON ‘J’.

ALEXANDER AMANKWAH FOR PLAINTIFF/APPLICANT

JAH JOSIAH FOR DEFENDANT/RESPONDENT

[2019]DLHC7171
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													<main id="main" class="content" style="min-height: 60rem" >JUNCHEN ENTERPRISE
LIMITED<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>AMA FOSUAH<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (COMMERCIAL DIVISION),
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">

SUIT
NO. CM/RPC/0172/2018&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: 4TH APRIL, 2019<o:p></o:p>

</div>COUNSEL: <o:p></o:p>ALEXANDER AMANKWAH FOR
PLAINTIFF/APPLICANT<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">

JAH
JOSIAH FOR DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS LORDSHIP GEORGE K.
KOOMSON ‘J’.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>This is an application filed on the 13th
of March, 2019 for review of an order for the detention and preservation of goods
by the Plaintiff/Respondent/Applicant. A brief background on the case are that;
the Plaintiff issued a Writ of Summons against the Defendant herein on the 5th
of March, 2018. The Defendant entered Appearance and filed Statement of Defence
and Counterclaim. The Defendant subsequently filed an application, among other
things, asked for the detention and preservation of footwear which are in the
possession of Plaintiff herein. That application was served on the Plaintiff in
this case. <o:p></o:p><o:p>&nbsp;</o:p>On the 10th of December,
2018, the Defendant/Applicant then represented by Samuel P. Akuffo moved the
Court as the Plaintiff/Respondent had not filed any affidavit in opposition
though served with the said application.&nbsp;
The Court granted the said application on the 10th of
December, 2018 and among other things made an order for the preservation of the
footwear the subject matter of the application.&nbsp;
The Plaintiff/Respondent then filed an application on the 12th
of December, 2018 to set aside the order made by the Court on the 10th
of December, 2018.&nbsp; The said application
was served on the Defendant/Respondent. The Defendant/Respondent filed an
affidavit in opposition on the 19th of December, 2018. On the 26th
of February, 2019, the Plaintiff Applicant moved the Court. It is noted that on
the 26th of February, 2019, the Plaintiff/Applicant was represented
by Jao Qing Song.&nbsp; The
Defendant/Respondent was however absent.&nbsp;
Counsel for the Defendant/Respondent was also absent. The Court allowed
Counsel for Plaintiff/Applicant Mr. Alexander Amankwah to move his motion.&nbsp; The Court realizing that Counsel for
Plaintiff/Applicant had written a letter for an adjournment which said letter
was not on the docket at the date the Court allowed the Defendant/Respondent to
move her application on the 10th of December, 2018, granted the application
filed by the Plaintiff/Applicant and set aside the orders for preservation made
on the 10th of December, 2018. The Court however, ordered the
Plaintiff to file an affidavit in opposition to the substantive application for
preservation within three (3) days. The Court further ordered the Plaintiff to
serve a hearing notice on the Defendant and adjourned the substantive
application to the 11th of March, 2019.&nbsp; It was further ordered that in view of the
pendency of the substantive application, the parties were restrained from
disposing off or dealing with the footwear the subject matter of dispute until
the final determination of the application.<o:p></o:p><o:p>&nbsp;</o:p>I must observe that, though Counsel for
the Plaintiff has apologized to the Court, I find it necessary to recount an
incident that took place after the grant of the Plaintiff’s application to set
aside the 10th December, 2018 order. It appears to me that the basis
of the present application can be traced to what Counsel for the Plaintiff
stated in Court on the 26th of February, 2019.&nbsp; After the Court had made it order setting
aside the preservation order made on the 10th of December, 2018,
Counsel for the Plaintiff Mr. Alexander Amankwah boldly told the Court that the
Plaintiff since the order was made on the 10th of December, 2018 had
been selling the subject matter of the order.&nbsp;
The Court did not hide its displeasure of the statement made by Counsel
for the Plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>Be it as it may, Counsel for the
Plaintiff and the Plaintiff failed to comply with the orders of the Court made
on the 26th February, 2019 by neglecting to file their affidavit in
opposition within the three (3) days ordered by the Court. Again, Plaintiff and
its Counsel failed to attend Court on the 11th of March, 2019 which
date the case was adjourned to in the absence of the Defendant and her
Counsel.&nbsp; However, the Plaintiff managed
to serve the Defendant with the hearing notice which the Court ordered them to
do on the said date.<o:p></o:p><o:p>&nbsp;</o:p>Now, the case of the
Plaintiff/Applicant in the instant application is that, Counsel for the
Plaintiff mistakenly wrote in his diary 12th March, 2019 as the date
they were to attend Court.&nbsp; It must be
noted that where a Court grants leave for a party to file a process within a
stipulated time, if the party fails or neglect to file the said process within
the time specified by Court, any process filed outside the said time, unless
with the leave of t</main>