The Member of Parliament (MP) for Bawku Central, Adamu Daramani, Thursday went back to the Fast Track High Court to file an application for stay of execution pending an appeal he has filed in respect of the court's default judgement given on July 15, 2009.
The court, presided over by Mr Justice N.M.C. Abodakpi, fixed August 20 to rule on the matter after listening to submissions made on behalf of the applicant by Mr Yonny Kulendi.
It was opposed by Dr Raymond Atuguba, counsel for the respondent, Sumaila Biebel, a cattle dealer and native of Bawku, who claims that the Bawku MP is not a Ghanaian but a British national. Biebel filed a writ at the court, which entered a default judgement in his favour for want of prosecution. The MP delayed in filing his defence on time but had since appealed at the Court of Appeal against that decision. Mr Kulendi said the court ought to take into account the principle as to whether the applicant would be returned to the position in which he was, if the appeal succeeded and must also weigh the hardship that was likely to be suffered by the parties should the application be granted.
He argued that the application ought to be granted so that his client's appeal, which was likely to succeed, would not be rendered useless or nugatory by the lower court's refusal to grant the application. According to counsel, the court's judgement was a default judgement, which was not based on the merits of the matter and that his client had a defence to the action, which, if evidence was taken from the parties, the court would arrive at the conclusion that the default judgement be set aside.
He said it was imperative for the application to be granted in view of the fact that the reliefs sought by the respondent were declaratory in nature and unproved allegations. Therefore, the court erred by not listening to both parties. Mr Kulendi said evidence would be led to prove that at the time that the applicant presented himself to his constituents at Bawku to be voted as MP, he had long renounced his British citizenship. He noted that at the time the court gave the default judgement, his client had filed an application at the Court of Appeal regarding the jurisdiction of the court in the matter, since it was a constitutional matter.
Dr Atuguba urged the court to refuse the application on the grounds that the court, in refusing to grant a stay of proceedings, indicated that the applicant did not satisfy it with his reasons for the delay in filing his defence in the matter.
Source: Daily Graphic
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