Lawyer to Jeleel Company Limited, Tassah Tapha Tassah, of Capital Law Partners, Accra, has stated that the High Court ruling in favour of his client is intact.
The reaction of the lawyer comes on the heels of an earlier publication in the DAILY GUIDE, and emanating from Trasacco Furniture Limited, to the effect that it has been adjudged the owners of a parcel of land situated at Pantang, Accra, by the High Court Land Division, Accra.
Pursuant to a judgment, the Sheriff of the High Court executed a Writ of Possession and placed Jeleel Company Limited on the said parcel of land in the year 2019.
After the execution of the Writ of Possession, Trasacco Furniture Company Ltd, he said, applied to the High Court to have the Writ of Possession set aside.
Continuing, he said the application was refused by the High Court on the grounds that, since Trasacco was claiming ownership of the land, and the fact that the Writ of Possession was already executed, there was nothing to set aside.
He added that the proper remedy available to Trasacco was to issue a writ against Jeleel Company Limited to have the entire judgment set aside.
Trasacco Furniture, however, he said “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.”
Trasacco, he said, then set up a 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 fraudulent execution, the lawyer stated, adding that “at the Supreme Court, lawyers for Trasacco argued that the Court of Appeal did not make any executable orders and that Trasacco was not executing any judgment, so the Supreme Court ruled that since no executable orders were made by the Court of Appeal in favour of Trasacco, there is nothing to execute, hence nothing to stay, and proceeded to dismiss the application for Stay of Execution.”
For Trasacco to be able to execute any orders of the court, he explained “it has to first serve a Notice of Entry of Judgment on Jeleel Company Limited, which has not been done.”
He disclosed that Jeleel Company Limited has long divested its interest in the said land to over 167 individuals who have developed same and living in them.
So, for Trasacco to be able to enforce any judgment against these residents, he stressed, “Trasacco 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 Taricone, CEO of Trasacco Furniture Limited and the Registrar of the High Court General Jurisdiction Division for the attempted ‘fraudulent’ execution.
Jeleel Company Limited has urged all residents to remain calm as they are bona fide purchasers whose rights and interests are guaranteed under the laws of Ghana.