HADMORIS CO. LTD.
V.
F. Y. KYERE

(2002) JELR 63480 (CA)    
Court of Appeal  ·  CA/NO. 52/2002 ·  4 Jul 2002 ·  Ghana
CORAM
WOOD JA (PRESIDING), GBADEGBE JA., AKOTO-BAMFOR JA
Core Terms Beta
court
plaintiff
interest
judgment
sum
award of interest
learned trial judge
order
money
parties
respect
writ of summons
amount
appeal
entry of judgment
proceedings
view
claim
respect of the entire amount
said amount
situation
whole amount
civil cause
course of the proceedings
defendant of the sum
delivery
dover railway co v
entire amount
following grounds
following words
high court
issue of interest
legal proceedings
part of the claim
plaintiffs
prevailing bank rate
question of interest
record
respective counsel
respective statements
rules
said entry of judgment
said instrument
said sum
sight of the fact
south eastern railway co
summary judgment
view of the course of conduct
view of the record
words of herschel lc

GBADEGBE, JA The question my lords which confronts us in this appeal is whether the learned trial judge was right in awarding interest on the sum of twenty nine million cedis only and not on the entire amount of fifty four million cedis which was indorsed on the writ of summons which initiated the action in the court below? In this delivery, for the sake of convenience, I shall refer to the parties as they were described in the court below. In the judgment with which we are concerned in this appeal, the learned trial judge limited the interest which he awarded to the amount in respect of which he entered judgment in the course of the proceedings at page 12 of the record in the following words:

“Judgment for plaintiff in the sum of ¢29, 000,000.00. Costs of 5 million cedis to plaintiff. Court defers question of interest to parties to negotiate. Adjourned to 15/3/2000.”

The said entry of judgment was preceded by the payment into court by the defendant of the sum of twenty five million ced…

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