Ghana Industrial & Commercial Estate Limited (gicel Vrs Tlc Company Limited and Others [2022] GHADC 345 (16 December 2022)
The writ of summons is set aside because the subject matter has already been determined by the High Court, and there is a pending notice of appeal and application for stay of execution, justifying a stay of proceedings.
- Citation
- [2022] GHADC 345
- Parties
- Plaintiff/respondent: Ghana Industrial & Commercial Estate Limited (GICEL); Defendants/applicants: TLC Company Limited & 8 Others
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 16 December 2022
- Procedural Posture
- Civil / Ruling on Application to Set Aside Writ of Summons
- Outcome
- application granted; writ of summons set aside
- Legal Topics
- Setting Aside Writ, Stay of Execution, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ghana Industrial & Commercial Estate Limited (GICEL)
Plaintiff/respondent
TLC Company Limited & 8 Others
Defendants/applicants
Procedural Posture
Civil / Ruling on Application to Set Aside Writ of Summons
Legal Issues
- 1 Whether the writ of summons and particulars of claim should be set aside due to pending appeal and application for stay of execution
Ratio Decidendi
The writ of summons is set aside because the subject matter has already been determined by the High Court, and there is a pending notice of appeal and application for stay of execution, justifying a stay of proceedings.
Court Disposition
application granted; writ of summons set aside
Orders
- Writ of summons set aside
- Costs of GHC1,000.00 awarded to applicants against respondent
Full Case Text
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