AN ACCRA Commercial Court presided over by Justice Barbara Ackah-Yensu yesterday dismissed an application by the Attorney-General for a review of a GH¢500 cost awarded to Alfred Agbesi Woyome, the self-styled NDC financier, who is at the centre of GH¢51.2million judgment debt payment.
The cost was awarded to Woyome due to the state's inability to commence hearing of the case in which it was contesting with Woyome to retrieve a GH¢51,283,480 judgment debt paid to him.
The judge dismissed the application after observing that no good reason was given by Dorothy Afriyie Ansah, the state attorney, as to why it should be reviewed.
The trial judge was initially not happy about the fact that the substantive case was not being tackled by the state as it was rather interested in requesting a review of a cost.
Justice Ackah-Yensu observed that the motion for court could be moved anytime while the case was going on and the outcome would have no bearing on the substantive matter.
When the case was called, the judge asked Ms Ansah if she was prepared to start the hearing of the trial but she prayed the court for a short date after informing the judge that the Court of Appeal had dismissed Woyome's application for stay of proceedings at the court.
She then notified the court of her intention to move her motion for the review of cost.
The defence lawyers objected to the motion, arguing that if the AG was prepared on March 26, 2012 to start the case, no cost would have been awarded.
The judge expressed her displeasure over the state's decision not to start the case, indicating that the matter had been ripe for hearing since May 25, 2011 but the AG was not helping the court to expedite the trial.
The judge, after dismissing the motion, adjourned the matter to June 19, 2012 and four other subsequent dates for hearing.
On February 29, 2012, the court granted the AG the opportunity to amend its writ seeking to challenge the payment of GH¢51.2milion made to Woyome, and awarded a GH¢2000 cost against the state in the interest of justice for the undue delay by the AG in its decision to amend the writ.
The judge granted the AG's motion to determine issues of fraud levelled against Woyome as requested by the state.
However, on the date scheduled for trial to begin, Senior State Attorney Grace Ewoo informed the court she could not start hearing because her witnesses were not ready and sought adjournment.
Justice Ackah-Yensu was not pleased with the conduct of the AG and further awarded cost of GH¢500 against the state, after which she warned that if on the next adjourned date the state did not begin with the trial, she would take the necessary action.
Woyome, who was dissatisfied with the ruling for the AG to amend its writ to contest the consented judgment, filed an appeal at the Court of Appeal, challenging the decision of the High Court.
In addition, Woyome filed for a stay of proceedings to restrain the lower court from hearing the matter between him and the AG till the final determination of the appeal.
However, the Court of Appeal dismissed the motion for stay of proceedings, therefore giving the commercial court the green light to hear the matter but once again, the state was unable to commence the hearing.
By Mary Anane
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