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ELLIAS PREKO V. K & H LIMITED

(2019) JELR 68596 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/5/19  •  29 May 2019  •  Ghana

Coram
IRENE CHARITY LARBI MRS. J.A (PRESIDING), L. L. MENSAH (J.A) ,ANGELINA M. DOMAKYAAREH MRS.( J.A)

Judgement

JUDGMENT

IRENE CHARITY LARBI (MRS) J.A.

(1) This is an appeal from the ruling of the High Court, (Commercial Division), Sekondi dated 7th September, 2017.

(2) BRIEF FACTS:

The undisputed facts of the case between the parties are that the Claimant/Judgment Creditor/Appellant (Appellant) obtained an Arbitral Award against the Respondent/Judgment Debtor/Respondent (Respondent) for an amount of Ghc282,514.82 on December, 2011. Subsequently, on June 19, 2017 the Appellant entered judgment for the said Award and interest pursuant to leave granted by the High Court, Commercial Division Sekondi on April 24th, 2017 to enforce the Arbitral Award.

(3) In the Entry of Judgment, the Appellant in calculating the interest payable on the Award sum used the average of the prevailing Bank Rates for the period December 2011 to June 2017 as the applicable interest rate payable on the entire Award/debt. In addition, the Appellant calculated the interest payable at simple interest.

(4) Upon service of the Entry …

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