Just In: Assin North MP’s Case: Updates From Cape Coast High Court Today
The Assin North Parliamentary Election Petition was called today at the Cape Coast High court at the instance of the lawyer for Hon. James Gyakye Quayson (1st Respondent), who had filed a motion seeking to arrest the Judgement of the court which was slated for tomorrow Wednesday, July 14, 2021.
When the case was called, lawyer Frank Davies (counsel for the petitioner) got on his feet and complained bitterly about the failure of Hon. James Gyakye Quayson’s lawyer (Justin Pwavra Teriwajah) to state his (Frank Davies) name and address in the Notice Of Appointment of Solicitor as well as in the motion To Arrest The Judgement of the court.
He (Frank Davies) accused Lawyer Justin Pwavra Teriwajah (counsel for James Quayson) of trying to play tricks with the court by intentionally leaving out his (Frank Davies) name to trick the court to get an unnecessary adjournment since the petitioner cannot easily be traced personally to be served with the motion.
In his response, lawyer Pwavra quoted Order 82 Rule 3 of the High Court Civil Procedure Rules(CI 47) which provides that a petition is a writ of summons, and argued that the records show that lawyer Frank Davies did not execute (sign) the petition but rather the petitioner personally did it.
Therefore, in the eyes of the law, Frank Davies was not a counsel in the case. The court had only been tolerating him and Justin Pwavra was not interested in being a party to that illegal occurrence.
The judge ruled in favor of Counsel Frank Davies. A ruling which is quite understandable because this is the same judge who had been tolerating Frank Davies illegally.
On the substantive Motion to Arrest The Judgement, lawyer Pwavra cited the case of the Republic Vrs High Court, ex parte Tsatsu Tsikata (2007/2008) where the Supreme Court ruled that a court which is due to give a judgment can arrest its judgment if a good reason is adduced by the party who asks for it.
This argument was fiercely contested by Frank Davies who stood on his feet arguing for close to an hour. In the end, the court agreed with the arguments of lawyer Justin Pwavra Teriwajah, granted the motion, and arrested the judgment scheduled for tomorrow 14th July 2021.
The case has been adjourned to Wednesday 28th July 2021 pending the outcome of the Motion at the Supreme Court which is scheduled for Tuesday 27th July 2021.
In a related development, lawyer Pwavra shall be moving a Motion at the Cape Coast Court of Appeal for Stay of the Proceedings of the High Court on Monday 26th July 2021 between the hours of 09:00 and 10:00 in the forenoon.
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