GHANA CONSOLIDATED DIAMONDS LTD
V.
TANTUO AND OTHERS

(2001) JELR 63476 (CA)    
Court of Appeal  ·  7 Jun 2001 ·  Ghana
 · 
Other Citations
[2001-2002] 2 GLR 150
CORAM
BENIN JA, ADINYIRA JA, AMONOO-MOONEY JA
Core Terms Beta
court
money
payment
plaintiffs
defendants
order
action
ln 140a
plaintiff
letters
parties
causes of action
notice
trial court
case
sum of money
notice of payment
ln 140a.
lump sum payment
high court
company’s employment
final salary
first set of reliefs
satisfaction of the claim
stay of proceedings
admiralty action
annual leave pay
appropriate action
case of walker v wilsher
civil procedure
court action
full satisfaction of the plaintiffs
last payment
nichols v
otherwise order
part payment
payment of legitimate entitlement
payment of the accepted sum
plaintiffs’ claim
receipt of the notice
relevant note
respect of each such cause of action
respect of end of service benefit
said sum
specified sums
starting point
supreme court
take notice
terms of the payment
whole sum

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 …

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