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FOOD AND AGRICULTURE ATTORNEY GENERAL

(2023) JELR 112056 (HC)

High Court 25 Jul 2023 Ghana
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- The case involves an application to set aside a writ of fifa issued in execution of a judgment debt. - The main argument is that the respondent did not comply with the statutory requirement in section 15 of Act 555 before issuing the writ

Case Details

Suit Number:E12/8/19
Judges:DR. RICHMOND OSEI-HWERE, J
Counsel:MABEL ARABA AIKINS LED BY GEORGE SACKEY ESQ WITH DERRICK OBENG ASANTE ESQ FOR DEFENDANT/JUDGMENT/DEBTOR/APPLICANT NANA AKWASI OSEI BONUS ESQ FOR PLAINTIFF/JUDGMENT/ CREDITOR/RESPONDENT
Location:Accra

RULING

Section 15 of the State Proceedings Act, 1998 (Act 555) provides as follows:

“Section 15—Satisfaction of Orders.

(1) Where in civil proceedings by or against the Republic or in connection with an arbitration to which the Republic is a party, an order including an order for costs is made by a court in favour of any person against—

(a) the Republic;

(b) a department of the Republic; or

(c) an employee of the Republic,

the court shall issue to the person a certificate containing particulars of the order on an application made by or on behalf of the person at any time after the expiration of twenty-one days from the date of the order where the order provides for the payment of costs and the costs are required to be taxed, at any time after the costs have been taxed, whichever is later.

(2) A copy of a certificate issued under this subsection (1) may be served by or on behalf of the person in whose favour the certificate is made —

a) on the Accountant-General if the certificate contains…

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