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SACHIA 9 & CO. LTD. V. PAUL KENNEDY TAWIAH

(2016) JELR 67366 (CA)

Court of Appeal  •  NO. H1/129/15  •  14 Jan 2016  •  Ghana

Coram
OFOE J.A. (PRESIDING), KORBIEH J.A., WELBOURNE (MRS) J.A.

Appearances
KWASI BLAY FOR PLAINTIFF/JUDGMENT-CREDITOR APPELLANT,KIN HUSSEIN IBIN ALHASSAN FOR DEFENDANT/JUDGMENT-DEBTOR/RESPONDENT

Judgement

WELBOURNE (MRS), J.A.

This is an appeal against the ruling of the High Court dated 9th June 2014.

The facts briefly are that the Plaintiff obtained judgment against the Defendant on 11th June 2013 where the judge entered judgment as follows:

1. Plaintiff is to recover the sum of Two Hundred Million cedis (GH¢20,000.00) from the Defendant.

2. Interest on the said sum of GH¢20,000.00 from April 2005 till date of payment.

The counterclaim of the defendant fails. Cost of GH¢2,000 awarded in favour of the Plaintiff and against the defendant.

The record shows that the solicitors on the record, G.A. Sarpong and Co filed Judgment after Trial on 2nd July 2013. The total recoverable judgment debt was stated as GH¢56,000.00. On 26th August 2013, the Plaintiff’s solicitors issued a Praecipe for Writ of FI FA to execute the said judgment debt. It seems to me that from that date and reading the record, the parties attempted to settle out of court. To that extent, the Defendant made a payment of GH¢20,000…

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