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KEN KWAME ASAMOAH
V.
STATE INSURANCE COMPANY

(2022) JELR 109675 (SC)

Supreme Court 18 Jan 2022 Ghana
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- Payment of a judgment debt (including principal, interest, and costs) into court, once accepted by the beneficiary, fully discharges the judgment debtor from further liability; post-judgment interest ceases to accrue from the date of such

Case Details

Suit Number:J4/55/2021
Judges:YEBOAH CJ (PRESIDING) PWAMANG JSC AMEGATCHER JSC AMADU JSC KULENDI JSC
Counsel:YAW SARPONG BOATENG ESQ FOR PLAINTIFF/RESPONDENT/RESPONDENT/RESPONDENT; BRIGHT OKYERE-ADJEKUM ESQ. FOR DEFENDANT/APPELLANT/APPLICANT. APPELLANT.

INTRODUCTION 

On the 18th of January 2022, we allowed the appeal in this matter and reserved our  reasons to be filed within 21 days. We proceed now to give the reasons for our  decision. 

The significance of this appeal lies in the determination of the legal effect of payment of  a judgment debt into court. Does the payment of a debt or judgment debt into court  discharge the payer or judgment debtor from all further liabilities under the judgment to  the payee or judgment creditor? The appellant says it does while the respondent says it  does not. Though, what is before us is an interlocutory appeal arising from the refusal  of the Court of Appeal to grant a suspension of the entry of judgment/or stay of  proceedings of execution pending appeal, we are of the opinion that to avoid  multiplicity of suits and save the parties from further expense and time in unnecessary  and unwarranted litigation, this post-judgment interlocutory matter must be determined  by us exercising our powers…

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