The 1st Defendant filed an application to set aside the default judgment but
the Court dismissed the application as unmeritorious and expressly found
that the 1st Defendant did not establish any grounds to warrant setting aside
the default judgment, having failed to utilize the repeated opportunities
given to it to defend the matter.
On the 24th of November 2014, the Registrar of this Court issued and served
a Writ of Execution on the 1st Defendant. The Plaintiff through his Counsel
wrote to the 1st Defendant demanding payment of the Judgment debt and
compliance with order of this Court but the 1st Defendant failed, refused
and/or neglected to obey the orders of this Court. Following the failure of
the 1st Defendant to comply with the decision and orders of this Court, the
Applicant instructed his Ghanaian Counsel to file an application before the
High Court of Accra, Ghana seeking an order of that Court to enforce the
decision and orders of this Court. The High Court of Ghana dismissed the
Plaintiff’s application in its ruling delivered on 2nd February 2016 on the
grounds that the decision of the ECOWAS Court cannot be enforced by the
Court in Ghana because the Republic of Ghana has not domesticated the
Protocols of the ECOWAS Court of Justice.
Subsequent to the decision of the High Court of Accra, Ghana refusing to
enforce the judgment of this Court, the Plaintiff addressed a petition to the
17th Defendant and copied the 16th Defendant wherein he urged them to
impose the sanctions prescribed in Article 77 of the ECOWAS Revised Treaty
on the 1st Defendant for the refusal to comply with the decision and orders
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