Jeleel Company Limited was adjudged the owner of a parcel of land situate at Pantang, Accra by the High Court Land Division, Accra.
Pursuant to the said judgment, the Sheriff of the High Court executed a Writ of Possession and placed Jeleel Company Limited on the said parcel of land and in the year 2019.
After the execution of the Writ of Possession, Trasaaco Furniture Co Ltd applied to the High Court to have the Writ of Possession set aside.
This application was refused by the High Court on the grounds that, since Trasaaco was claiming ownership of the land and the fact that the Writ of Possession was already executed, there was nothing to set aside, and that the proper remedy available to Trasaaco was to issue a Writ against Jeleel Company Limited to have the entire judgment set aside.
Trasaaco Furniture appealed the refusal to set aside the Writ of Possession to the Court of Appeal.
The Court of Appeal granted the appeal and set aside the Writ of Possession only leaving the judgment of the High Court in favour of Jeleel Company Limited intact.
Trasaaco then set up a fraudulent scheme purporting to execute a non-existent Writ of Possession at the High Court.
Jeleel Company Limited uncovered the scheme and made an application to the Supreme Court for a Stay of the fraudulent execution. At the Supreme Court, lawyers for Trasaaco argued that the Court of Appeal did not make any executable orders and that Trasaaco was not executing any judgement, so the Supreme Court ruled that since no executable orders were made by the Court of Appeal in favour of Trasaaco, there is nothing to execute hence nothing to stay and proceeded to dismiss the application for Stay of Execution.
For Trasaaco to be able to execute any orders of the Court, it has to first serve a Notice of Entry of Judgment on Jeleel Company Limited, which has not been done.
Meanwhile Jeleel Company Limited has long divested its interest in the said land to over 167 individuals who have developed same and living in them.
For Trasaaco to be able to enforce any judgment against these residents Trasaaco must sue them individually as a judgment cannot be enforced against a non-party to the judgment.
Meanwhile Jeleel Company Limited has initiated Contempt proceedings against Ernesto Traconi the CEO of Trasaaco Furniture Limited and the Registrar of the High Court General Jurisdiction Division for the attempted fraudulent execution.
Jeleel Company Limited urges all residents to remain calm as they are bona fide purchasers whose rights and interests are guaranteed under the laws of Ghana
Source: Peacefmonline.com
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