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NOVA COMPLEX LIMITED V. GHANA PORT & HARBOURS AUTHORITY

(2010) JELR 68503 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/24/2009  •  27 Jan 2010  •  Ghana

Coram
DR. DATE-BAH JSC (PRESIDING), ADINYIRA (MRS) JSC, DOTSE JSC,ANIN YEBOAH JSC ,BAFFOE-BONNIE JSC

Judgement

JUDGMENT

DR. DATE-BAH, J.S.C.

This is the unanimous judgment of the Court.

FACTS

This case relates to a dispute about the amount of interest due from a judgment-debtor to a judgment creditor.

The respondent in this case filed a motion ex parte on 16th July 2007 for a garnishee order nisi directed at banks where the appellant has accounts. In her affidavit in support of this motion, the Managing-Director of the respondent deposed to the fact that the respondent had obtained judgment in the Supreme Court against the appellant on 15th November 2006 and that the appellant had on 3rd January 2007 paid into court 905,735,855.00 cedis and a further $1,535,437.50 by March 2007. These payments had been made in satisfaction of a Supreme Court order in this case which was in the following terms:

“The decision of this court is unanimous. The appeal fails in part and succeeds in part only ie on the ground dealing with the award of the sum of $2,658,300 as an indemnity for the respondent’s tort, as well …

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