ELECTROLAND GHANA LIMITED
V.
ADAM PAULINA ADOMAKO (OPERATING UNDER THE NAME AND STYLE OF BIGNMA ENTERPRISE) & ANOR

(2024) JELR 111551 (SC)

Supreme Court 28 Feb 2024 Ghana
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- The plaintiffs obtained a summary judgment against the defendant at the high court. - The plaintiffs attempted to execute the judgment by attaching a property, but the claimant filed a notice of claim to the property. - The high court fou

Case Details

Suit Number:CIVIL APPEAL NO. J4/47/2023
Judges:PWAMANG JSC (PRESIDING) LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC ACKAH-YENSU (MS.) JSC ASIEDU JSC
Counsel:BOBBY BANSON ESQ. FOR THE PLAINTIFF/APPELLANT/APPELLANT WITH HIM, ADWOA PAINSTIL. JOHN ABRAHAM LARKAI ESQ. FOR THE CLAIMANT/RESPONDENT/RESPONDENT WITH HIM, PERNALL R. OSEI-BOAKYE.
Location:Nyeri

JUDGMENT

LOVELACE-JOHNSON JSC:

The designation of the parties at the trial court will be maintained in this appeal. The plaintiffs obtained a summary judgment against the defendant at the high court in this suit on 20th December 2017. The court delivered itself in part as follows:

“I will accordingly grant the application for summary judgment and further grant leave for the plaintiff to recover the GHc 1,004,747.70 together with interest at the commercial bank rate from January 2014 till date of final payment”

The court also assessed costs at 7% of the above sum.

The matter before us was activated by the attempt by the plaintiffs to execute the judgment by attempting to attach House No 04800375- 10 NNK 04, Ashalley Botwe in satisfaction of the judgment obtained.

One Kingsley Adomako (claimant) the husband of the Defendant, filed a notice of claim to the property in question. The plaintiffs in reaction filed a notice of dispute after which the claimant also filed an affidavit of interest.

Th…

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