Ratio DecidendiRatio DecidendiRatio Decidendi



C. C. W LIMITED
V.
ACCRA METROPOLITAN ASSEMBLY

(2021) JELR 107906 (SC)    
Supreme Court  ·  J4/30/202 ·  31 Mar 2021 ·  Ghana
CORAM
M. OWUSU (MS) N. A. AMEGATCHER G. PWAMANG ANIN YEBOAH

Ratio Decidendi

Core Terms Beta
respondent
judgment
order
defendant
supreme court
court of appeal
interest
government of ghana
judgment of the high court
decision of the high court
high court
lower courts
second appellate court
post judgment interest
conclusion of this case
entry of judgment
instant appeal
judgment of the court of appeal
judgment of this court
record of appeal
amount equivalent
background facts of this case
cedis of us
claims of the defendant
date of actual payment
date of judgment
decision of the supreme court
end of the trial
face of concurrent findings of fact
fast track high court
favour of the plaintiff
following cases
foreknowledge of the facts
grant of the application
issue of a writ of execution
learned trial court judge
learned trial judge
loss of profit
lower court
net award
office of the attorney general
orders of the learned trial judge
payment of the paid judgment debt
prevailing forex bureau rate
ruling of the high court
stated amount
substantive grounds of appeal
such sum
undisputed half of the judgment debt
us dollars

JUDGMENT

HONYENUGA, JSC

INTRODUCTION

The instant appeal emanates from the Ruling of the High Court on a motion on notice for leave to levy execution in which the High court granted the application in favour of the plaintiff/respondent/respondent as against the defendant/applicant/appellant for the payment of Nine million, two hundred and one thousand, eight hundred and fifteen US Dollars (US$9,201,815.29). Dissatisfied with the decision of the High Court, the defendant/applicant/appellant appealed to the Court of Appeal which also dismissed the appeal and affirmed the decision of the High Court. Being aggrieved with the Judgment of the Court of Appeal, the defendant/applicant/appellant filed an appeal to this court. In this opinion, the defendant/applicant/appellant would be simply referred to as the appellant while the plaintiff/respondent/respondent would be referred to as the respondent. 

BACKGROUND

The background facts of this case are that by an agreement dated the 4th December 1997, …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login