The Commercial Court Division of the Fast Track High Court, on Wednesday said it was ready to hear the application filed by the State for a review of the GH�2,000 cost awarded against it.
The said amount was in line with Alfred Agbesi Woyome judgement debt trial.
The decision by the court to hear the matter follows an earlier ruling by the Appeal Court which dismissed an interlocutory application filed by lawyers of Woyome to appeal against the Commercial court for allowing the State to amend its application.
The State on January 16, brought an action against Woyome, a businessman to set aside the GH�51.2 million consent judgment awarded to him. Mrs Dorothy Afriyie Ansah, Chief State Attorney said the application for stay of proceedings filed by lawyers of Woyome was dismissed at the Appeal Court.
She said if the defence was not ready that did not stop the plaintiff from going ahead with the matter. Mrs Ansah said the State was ready to start the case and therefore, asked the court for short adjournment.
Mr Osafo Buabeng, a member of Woyome�s legal team said the outcome of the review would not have any bearing on the substantive matter. He also argued that there was no need to review the cost.
Mr Buabeng said even if the plaintiff was ready today, the case could not have gone on. Mrs Justice Barbara Ackah-Ayensu, the trial judge said the case had been ripe for hearing since May 25.
She said the parties in the case were neither coming to court nor told the court that they were settling the matter. Mrs Justice Ackah-Ayensu said the Attorney General's Department had not helped the court to expedite the trial.
On January 16, former Attorney General (AG) and Minister of Justice, Mr Martin A.B.K. Amidu, filed an affidavit to amend an earlier writ, praying the court to set aside a consent judgment awarded to Woyome, which the AG alleged was procured through fraud.
He said new information that had come to the AG's attention required an amendment to the writ of summons and statement of claim filed on August 18, 2010.
Mr Amidu in his amended writ said it had come to the AG's attention that Woyome lacked the legal capacity to maintain his claim against the AG because there was no contract between Woyome and the Government upon which Woyome could have maintained any cause of action in the suit.
The case has been adjourned to June 19.
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