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MOKAB COMPANY GHANA LIMITED
V.
BRAGHA CONSTRUCTION LIMITED

(2025) JELR 114562 (SC)

Supreme Court 12 Nov 2025 Ghana
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- Supreme Court dismissed the defendant’s application to set aside the entry of judgment and to stay execution, upholding the plaintiff’s calculation of interest at 35% per annum on refunded investment sums, as reflecting the applicable com

Case Details

Suit Number:CIVIL MOTION NO. J8/156/2025
Judges:GAEWU, JSC (PRESIDING) KWOFIE, JSC DZAMEFE, JSC SUURBAAREH, JSC MENSAH, JSC
Counsel:THADDEUS SORY ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT/ APPLICANT WITH NANA BOAKYE MENSAH BONSU ESQ. KIZITO BEYUO ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT/RESPONDENT WITH EDEM NUHOHO ESQ.

RULING 

MENSAH JSC: 

My Lords, before us for our consideration, is an application filed by the defendant/applicant herein, for an order: 

i) setting aside the plaintiff/respondent/respondent’s entry of judgment filed 17/06/2025; and 

ii) for a further order staying execution of the judgment of the court, upon grounds set out in the supporting affidavit. 

The thrust of the defendant/applicant’s application is simply that this court delivered its judgment in the case on 22/02/2023. In the said judgment, the court made an award in damages for the sum of One Million Ghana Cedis (Ghc1,000,000.00) in favour of the plaintiff/respondent herein. Additionally, the court ordered the defendant/applicant to refund to the plaintiff/ respondent, the sums of Ghc450.000.00 and Ghc216,000.00 respectively, being investment made in the defendant/applicant. It is the case of the defendant/applicant that the plaintiff/respondent has served it with an entry of judgment in which plaintiff/respondent applied an in…

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