Mr. Sey Adjei, aka Mr. Kojo Yeboah, has not been a happy man for some three years now.
His unhappiness stems from a perceived delay tactic being allegedly employed against him by the Registrar of the High Court, Mr. Stephen Afotey, who, according Mr. Sey, is failing to cause the execution of the ruling of the Accra High Court presided over by His Lordship, Justice George Buadi.
A frustrated Mr. Sey Adjei, who is the plaintiff, in suit no. Suit No. CM/OCC/0616/2016, Seth Adjei & Anor (Plaintiffs) vrs Diligent Hands Ghana Ltd (Defendant), is praying the Chief Justice to intervene in the case to ensure the execution of the ruling for him to get his property.
His petition to the Chief Justice, Her Ladyship Sophia Abena Akufo, to intervene in the case to free him from the hardship the delay has brought upon him for some three years.
He is alleging 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.
He is wondering why a claimant to the property in the case was allowed to file another claim when he failed to prove his earlier claim and to pay cost awarded against him.
In the petition, Mr. Sey Adjei is 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 hoax just to cause the delay of justice in this matter”
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 GH5,000.00, 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.