Accra, May 1, GNA - The Commercial Court in Accra hearing the suit against Alfred Agbesi Woyome, a businessman on Monday ruled that it has the power to review an application filed by the state to challenge the GH¢ 500 cedis cost awarded against it.
The Court however said it would defer the hearing of the case until the determination of an appeal filed by lawyers of Woyome at the Appeal Court challenging the Commercial Court to allow the Attorney General (AG) to amend its motion.
The lawyers of Woyome at the last sitting challenged the court, citing Order 72 (11) of the Court's Act that the Commercial Court did not have the power to hear the motion filed by the state and that the matter should be referred to the Appeal Court.
Mrs Barbara Ackah-Ayensu , the trial judge in her ruling on the matter said the Commercial Court had the power to hear the motion filed by the state but would postpone the case until the determination of an appeal filed by lawyers of Woyome at the Appeal Court.
It would be recalled that lawyers of Woyome on April 3, announced that they had filed a motion at the Appeal Court asking the Commercial Court to stay proceedings until the determination of the appeal.
The Appeal Court at its sitting on April 18, 2012 adjourned the case sine die because both parties had not been served with copies of the applications for them to file their responses.
The Commercial Court also directed the parties involved in the case to come back and brief the court on the progress with the appeal process on May 15, 2012.
On January 16 this year, the former Attorney General and Minister of Justice, Mr Martin A.B.K. Amidu, filed an affidavit to amend an earlier writ, praying the court to set aside a consent judgment awarded to Woyome, which the A-G alleged was procured through fraud.
He said new information had come to the AG's attention, and that required an amendment to the writ of summons and statement of claim filed on August 18, 2010.
Mr Amidu in his amended writ said it had come to the AG's attention that Woyome lacked the legal capacity to maintain his claim against the A-G.
This was because there was no contract between Woyome and the Government of Ghana upon which Woyome could have maintained any cause of action in the suit.