Plaintiff Tackles Court Registrar In Delayed Order Execution
A plaintiff in a case at the Accra High Court, has vowed to fight to the end till the court registrar abides by the ruling of the Accra High Court presided over by His Lordship, Justice George Buadi.
According to sources close to Mr. Sey Adjei aka Mr. Kojo Yeboah, the plaintiff, the court had ruled in his favor in suit no. Suit No. CM/OCC/0616/2016 but any time the process begins for the execution of the ruling, a call comes through to stall it, with the excuse that a claimant was laying claim to the property.
He has, therefore, petitioned the Chief Justice, Her Ladyship Sophia Abena Akufo, to intervene in a case alleging that Accra High Court Registrar, Mr. Stephen Afotey, is interfering with justice.
In the petition of the case, Seth Adjei & Anor (Plaintiffs) vrs Diligent Hands Ghana Ltd (Defendant), Mr. Sey Adjei a.k.a. Kojo Yeboah, a resident of Tema and a judgment creditor, is praying the Chief Justice “to intervene to remove any obstacle impending the valuation and the sale of the Defendant’s property since the Claimant application which was brought before the Honorable Court was a hoax just to cause the delay of justice in this matter”
He alleged that his efforts at getting justice in the matter had been persistently thwarted or frustrated by the Court Registrar, Mr. Stephen Afotey, for no apparent reason for some three (3) years now.
According to a ruling on November 23, 2017, sited by this writer, “Claimant is debarred from prosecuting the claim with respect to the subject matter property/properties”
The court ruling stated further that, “Counsel makes a case for GH5,000, contending that, , the claim by the claimant, which happens to (be) spurious on grounds on their failure to contest same has hindered the execution”.
To the plaintiff, the cost awarded against defendants should have been executed instead of the claimant being allowed to making any other claims without any proof. The Registrar, the plaintiff avers, should have ensured that execution instead of allowing further claims.
“Your Ladyship, all efforts being made by me to order the valuation carried out by the Registry is persistently thwarted or frustrated by the Court Registrar for no apparent reason,” the petitioned claimed.
According to the petition dated February 28, 2018, Mr. Sey said, they, the plaintiffs, initiated a civil action (Suit No. CM/OCC/0616/2016) through their solicitor at the Commercial Court and the case went into trial with judgment in their favor.
Mr. Sey stated that, they filed an entry of judgment through their solicitor and four of the defendants’ properties had already been attached and auctioned as directed by the Court presided over by Justice George Buadi, leaving one of the office complex part of which he had rented from the defendant at the time as his office.
He disclosed in the petition that the building complex had also been attached in execution by the Honorable Court.
However, “when execution was about to be carried out, one Ebenezer Addy filed a Notice of Claim to stop any further process on the building,” he narrated. The claimant and the Execution creditor were, therefore, ordered by the Honorable Court to appear before it.
He alleged that, at the next adjourned date the Defendant and the Claimant were conspicuously absent in Court when he (petitioner) was fully represented by his solicitor.
“Your Ladyship, for almost three (3) years now the Claimant is not making any frantic effort to prosecute his case or to produce any document to show to the Honorable Court to prove his title of ownership,” he claimed.
He is, therefore, praying the Chief Justice to intervene to remove any obstacle impeding the valuation and the sale of the Defendant’s property since the Claimant application which was brought before the Honorable Court was a delay-causing hoax.
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