GHANA CONSOLIDATED DIAMONDS LTD
V.
TANTUO AND OTHERS

JUDGEMENT

Benin JA.

There is a dearth of judicial authority in our local jurisprudence on the subject we are going to discuss in this appeal. The plaintiffs sued the defendants, their former employers, for certain reliefs relating to their terminal benefits. The defendants paid in some money under Order 22, r 1 of the High Court (Civil Procedure) Rules, 1954 (LN 140A). This appeal turns on the practice and procedure under Order 22, r 1 and 2 of LN 140A. Since we are going to refer extensively to these rules under Order 22 of LN 140A, I propose to set them out here:

“1. (1) In any action for a debt or damages or in an Admiralty action the defendant may at any time after appearance upon notice to the plaintiff pay into Court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action; provided that with a defence setting up tender before action the sum of money alleged to have been tendered …