IN THE MATTER OF AN APPLICATION TO INVOKE THE SUPERVISORY JURISDICTION OF THE HIGH COURT UNDER ARTICLE 141 OF THE CONSTITUTION OF GHANA, 1992 AND ORDER 55 OF THE HIGH COURT (CIVIL PROCEDURES) RULES, 2004, CI 47. AND IN THE SUIT ENTITLED: NASONA OIL COMPANY LTD. vs. PHILIP KWAME FRIMPONG AND IN THE MATTER OF:THE REPUBLIC vs. DISTRICT COURT, KUMASI EX-PARTE MRS. NELDA OSEI BOATENG, ASSEMBLIES OF GOD

The matter arose from prolonged post-judgment litigation over property which Nasona Oil Company Ltd had been adjudged entitled to by the District Court, Kumasi, on 2 August 2019 after a full trial against Philip Kwame Frimpong, who had been made sole defendant after occupants of the property, acting through Janet Forson, indicated that they were in possession with his consent. After the District Court judgment, a series of applications and appeals were filed by the defendant, related occupants, and later Mrs. Nelda Osei Boateng and Assemblies of God Cooperative Credit Union, including applications for stay of execution, injunctions, fresh writs, appeals, and judicial review, all aimed at preventing the successful party from enjoying the fruits of judgment. The present application before the Court of Appeal sought suspension of the High Court’s orders dismissing an application for judicial review. The Court found that the applicants were aware of the earlier proceedings and that their claim of late knowledge was untrue. Source in judgment: the Court recounted that “after judgment of the District Court, an appeal was filed…”, that later “one Mrs. Nelda Osei Boateng & Assemblies of God Cooperative Credit Union, filed an application for judicial review… to quash the judgment of the District Court given in 2019”, and that “it cannot therefore be true that the Applicants were not aware of the processes… and that they became aware only when the interested party attempted to eject them.”