The Adentan Circuit Court, presided over by Her Honour, Mrs. Angela Attachie has adjourned the ruling on stay of proceedings filed by George Oti Bonsu, to bar Hajia Ashia Ahmed from entering a disputed land.
Elipklim Agbemava, counsel for Mr. Bonsu, stated that the application was also meant to prevent Hajia Ashia Ahmed (plaintiff) from causing damage to properties on the land under dispute.
He said the plaintiff entered the land without an order of the court.
Mr. Agbemava added that before the plaintiff entered the land, Mr. Bonsu (first defendant and applicant) had filed stay of proceedings, as well as judicial review and appeal at the High Court, and same had been served on the parties.
According to him, what happened was clear violation hence the circuit court must stay proceedings till the final determination of the review and appeal.
The court adjourned the ruling on the stay of proceedings to enable her delve deeper into the matters raised by the lawyers.
The judge also held that the court was tricked by the parties in the case, that the suit was also before the Tema High Court.
It was brought to the attention of the court that the parties in the instant suit, which judgment was delivered in late November 2023, are the fourth and fifth defendants, George Oti Bonsu and Hajia Ashia Ahmed respectively, in the case before the High Court.
And that suit was instigated by Winchester Empire Company Limited, and the other defendants are Osamanpa Estate Company Limited and Okpong We family.
However, Winchester Empire Company Limited is the second defendant in the suit before the Circuit Court.
Mrs. Attachie was furious about the turn of events, particularly when she was informed that the properties that were damaged by Hajia Ashia Ahmed by some men, dressed in police and military uniforms, amounted to GH¢60 million and not GH¢3 million.
She said the court somehow would be blamed for its judgement when Mr. Bonsu’s counsel, Farouk Seidu, as a matter fact, failed to bring hearing notices served on him to the attention of his client.
According to the judge, it was wrong on the part of lawyer Farouk Seidu to have assumed that the Circuit Court is an inferior court, therefore, if the parties are before a superior court, whatever happens at the lower court does not matter.
She said the proper thing for Mr. Seidu to have done was to seek an order from the superior court to stay the hand of the lower court, adding that an order by the District Court still holds unless a supervisor case.
The judge added that GH¢60 million is not small money for anyone to lose in this difficult times. She set July 8, 2024 to deliver her ruling on the application to stay proceedings.
