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REPUBLIC V. HIGH COURT (COMMERCIAL DIVISION)

(2008) JELR 82643 (SC)

Supreme Court  •  J5/23/2008  •  12 Nov 2008  •  Ghana

Coram
ATUGUBA JSC., DATE-BAH JSC., ANSAH JSC., ADINYIRA JSC,. BAFFOE-BONNIE JSC

Appearances
Rebecca Boakye for the applicant.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;">The facts which is in issue in this suit is the jurisdiction of the High Court to hear a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction. The applicant bank brought action in the commercial division of the High Court against the interested parties in this suit in respect of a loan transaction. The parties to that suit agreed to settle their dispute and their agreement was embodied in a consent judgment of the commercial division of the High Court. Subsequently, a dispute arose between the parties as to an aspect of that consent judgment. The writ which had commenced the suit that had been settled was indorsed with claims for: </p><blockquote><p style="text-align: justify;">&quot;(a) the sum of ¢l,381,279,658.17, being loan and overdraft facility granted to the first defendant and guaranteed by the second, third and fourth defendants; </p><p style="text-align: justify;">(b) interest on the sum of ¢ 1,381,27.9,658.17 from 5 November 2004 until date of final payment.&quot;</p></blockquote><p style="text-align: justify;">Thus, the indorsement did not indicate the rat…</p>

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