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General News of Wednesday, March 27, 2019
Source: citinewsroom.com
2019-03-27
Alfred Agbesi Woyome
The Supreme Court dismissed Alfred Woyome's request for reconsideration to overturn its earlier decision, which was dismissed. It had been unsuccessful by an attempt to have the ongoing legal proceedings for its 47.2 million GHc debt transferred to the High Court.
The three-member panel did not motivate its decision, but allocated a cost of six thousand cedis to the state.
Mr. Woyome requested reconsideration following the single hearing by Judge Anthony A. Benin to dismiss his request to refer the case to the High Court.
In his judgment, Judge Benin stated that the Supreme Court had the power to enforce its judgment and that, therefore, surrendering its jurisdiction to the High Court would be unconstitutional.
Mr. Woyome's lawyers had raised an objection challenging the Supreme Court's jurisdiction to hear and resolve the dispute, which was the responsibility of the High Court (Rules of Civil Procedure, 2004, CI 47).
They said that hearing the case in the Supreme Court would deprive the parties of the right to appeal, although IC 47 provides for the right to appeal in enforcement proceedings.
The current legal battle follows the claim of the deceased UT Bank, through its receivers, that it owns two residential properties which, according to the Attorney General, belong to Mr. Woyome and, therefore, want sell to offset the debt.
The plaintiffs, Vish Ashiagbor and Eric Nana Nipah, want the court to oblige Anator Quarry Company Ltd. to repay the sum of 9,461,505.81 GHc, ie the total value of loans granted to the company in May 2014.
A certain Michael Kofi Amedi of the 37th Military Hospital was also joined in the prosecution.
The receivers want the debt to be paid at "a contractual interest rate of 5% per month, from May 13, 2014 to the date of final payment," according to the writ.
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