THE REPUBLIC V. THE HIGH COURT, CAPE COAST EX PARTE: GHANA COCOA BOARD, NANA KWAKU APOTOI II

RULING

ANIN YEBOAH, JSC

The applicant herein is by this application invoking the supervisory jurisdiction of this court to quash an order of the High Court, commercial Division, Accra, dated the 30/10/08. The facts leading to this application do not appear to be in controversy and could be deduced from the exhibits and the affidavits filed in this application. The applicant was a defendant in suit No BDC 31/07:

GRANADA HOTEL LTD

VS.

DOUBLE CROWN INVESTMENT LTD.

The applicant , by a consent judgment dated the 30/07/2008 was adjudged to pay to the interested party (plaintiff) in the said case an amount of $1,950,000 together with interest and cost of GH¢250,000. In the judgment after trial to enforce the judgment, it appears that the judgment debt and costs were to be paid by installments with the usual default clause permitting the interested party herein (as the judgment /creditor) to proceed to levy execution upon default on the part of the applicant herein. The applicant defaulted and whe…