C.C.W. LIMITED
V.
ACCRA METROPOLITAN ASSEMBLY

(2018) JELR 69722 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H3/354/2018 ·  13 Jun 2018 ·  Ghana
CORAM
V.D. OFOE J.A (PRESIDING), B.F. ACKAH-YENSU (MS.) J.A, I. O. TANKO AMADU J.A
Core Terms Beta
respondent
test
applicant
order
application
court
rights of the parties
nature of the order
high court
extension of time
judgment of the supreme court
nature of the application
supreme court
foreign exchange losses
ruling of the high court
acceptable test
earlier judgment of the supreme court
government of ghana
interlocutory decision
notice of appeal
ansah jsc
case law jurisprudence
case of karletse-panin vs. nuro
case of nkawie stool vs. kwadwo
civil appeal no.j4
date of final payment
factual matters
final judgment
final order
following words
fundamental issue
inter alia
jurisdictional competence of this court
legal authorities
lord denning
lord esther’s stand
nature of the judicial approach
order of a court
part of a claim
payment of the judgment debt
plaintiff respondent
recent years
rule
said amount
said notice of appeal
solicitors of the applicant
status quo

RULING

AMADU J.A

1) On the 21st day of July 2017, the High Court (Commercial Division) Accra, granted an application filed by the Plaintiff Respondent/Respondent herein (hereinafter referred to as ‘Respondent’) for leave to levy execution. The application before the High Court, according to the Respondent was consequent upon a judgment of the Supreme Court of 13th February 2008 which had determined in finality the rights of the parties.

2) In the ruling aforesaid, the High Court, held inter alia as follows:

“The application is granted. Leave is hereby granted the Applicant to levy execution jointly and severally against the Respondent and the Government of Ghana for the sum of U$9,201,815.29 or its Cedi equivalent being the foreign exchange losses incurred by the Applicant as a result of delayed payment of the judgment debt. Interest shall be paid on the said amount at the Bank of Ghana Dollar rate from 20th of December 2016, (when the solicitors of the Applicant wrote to Respondent deman…

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