judy.legal
Login Register

NDK FINANCIAL SERVICES V. AHAMAN ENTERPRISE LIMITED

(2021) JELR 109689 (SC)

Supreme Court  •  J8/65/2019  •  2 Jun 2021  •  Ghana

Coram
YEBOAH, CJ (PRESIDING) DOTSE, JSC BAFFOE-BONNIE, JSC GBADEGBE, JSC AMEGATCHER, JSC

Judgement

GBADEGBE JSC:- 

This matter comes before us in the exercise of our inherent jurisdiction at the instance  of the execution- debtor-applicant (hereinafter described as the applicant) who alleges  that it has fully paid up its indebtedness under the process of execution issued  pursuant to the judgment of this Court dated November 28, 2014 and accordingly  further processes directed at execution by the execution-creditor -respondent  (hereinafter described as the respondent) are wrongful. Initially, when the application  came before us, we were of the view that it was unusual, but after giving anxious  consideration to the question raised for our decision whether the continuous levying  of execution under the judgment of the Court is lawful, we came to the opinion that  it properly arises within the inherent jurisdiction of the court-that which enables the  court to fulfil itself properly by doing justice between the parties in so far as what is  sought from it has not been expressly tak…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login