THE REPUBLIC V. THE HIGH COURT (COMMERCIAL DIVISION) ACCRA EX PARTE THE TRUST BANK LTD AMPOMAH PHOTO LAB LTD & 3 ORS
(2008) JELR 68433 (SC)
Supreme Court
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SUIT NO J5/23/2008
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12 Nov 2008
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Ghana
Coram
ATUGUBA J.S.C. (PRESIDING), DATE-BAH J.S.C ,ANSAH, J.S.C ,ADINYIRA J.S.C ,BAFFOE-BONNIE J.S.C.
Appearances
REBECCA BOAKYE FOR THE APPLICANT,EBOW BROWN FOR THE INTERESTED PARTY
Judgement
<h2 class="ql-align-center">RULING</h2><p><strong>DR. DATE-BAH JSC</strong></p><p><em>The Facts</em></p><p>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: </p><p>(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; </p><p>(b) interest on the sum of 1,381,279,658.17 from 5th November 2004 until date of final payment.</p><p> Thus, the indorsement did not iā¦</p>