CECILIA GYAMFI
V.
THERESAH BOAKYE YIADOM & JUDE BOAKYE YIADOM

(2004) JELR 69756 (CA)    
Court of Appeal  ·  HI/173/2004 ·  16 Jul 2004 ·  Ghana
CORAM
ARYEETEY J.A. (PRESIDING), OSEI J.A., DOTSE J.A.
Core Terms Beta
judgment
defendants
plaintiff
action
court
application
high court
order
stay of execution
counsel
entry of judgment
defendant
circuit court
fresh action
holder of the previous judgment
judgment debt
prevailing bank rate
statement of claim
date of final payment
favour of the plaintiff
notice of appeal
united kingdom
22nd day of october
additional circuit court judge
civil procedure
common knowledge
current bank rate
date of final judgment
date of judgment
definite article
determination of their appeal
end of trial
execution
favour of the plaintiff defendants
following day
honourable court
learned trial judge
necessary steps
osei j.a.
pounds sterling
pound sterling
said sum
stay of execution of that judgment
support of their second application
unusual situation
vital part of the said judgment
writ of summons

OSEI J.A.

By a writ of summons accompanied with a statement of claim, the plaintiff herein (who subsequently became a defendant) commenced an action in the Circuit Court, Kumasi against the defendants herein (who subsequently became Plaintiffs.) This action commenced on 16/2/95, and in that action, the plaintiff's claim was as follows:

(1) Recovery of £3,000 (three thousand pounds sterling) and ¢500,000 (Five hundred thousand cedis) being debt due and owing, by defendants to plaintiff which the defendants have wrongfully failed, refused or neglected to pay, despite repeated demands.

(ii) Interest on the said sum at the current Bank rate in the United kingdom as at the date of final payment"

All the usual and necessary steps and processes were taken culminating in a judgment in favour of the plaintiff which was delivered on 21/10/2001 by The Court then presided over by her Lordship Mariama

Owusu sitting as Additional Circuit Court Judge. The concluding and vital part of the said judgment re…

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