DR. DATE-BAH JSC
What 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:
(a) the sum of 1,381,279,658.17 cedis, being loan and overdraft facility granted to the first defendant and guaranteed by the second, third and fourth defendants;
(b) interest on the sum of 1,381,279,658.17 from 5th November 2004 until date of final payment.
Thus, the indorsement did not i…