Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



PLYWOOD POINT & ORS.
V.
AGRICULTURAL DEVELOPMENT BANK

(2016) JELR 107667 (HC)    
High Court  ·  SUIT NO. GJ 45/2015 ·  10 Mar 2016 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
plaintiffs
defendant
court
interest
judgment debt
issues
entry of judgment
counsel
stay of execution
award of interest
3rd plaintiff
honourable court
additional issue
bank guarantee
entry of judgement
judgement debt
supplementary affidavit
1st plaintiff company
accrued interest
date of judgment
entire debt
exercise of that discretionary power
exhibit pa1
exhibits pa1
findings of fact
following issues
further reliefs
interesting case
learned counsels
legal fees of plaintiffs
ofori transport ltd.
original documents
payment of a guarantee
plaintiffs’ case
present suit
rules of court
stream of decided cases
sufficient evidence
summary judgment
trial court

JUDGMENT 

ACKAAH-BOAFO, J.

Introduction

[1] This is an interesting case. The Plaintiffs are asking for a declaration that having paid the  Defendant a judgment debt they owed it, they are no longer liable to it. 

[2] On the 5th day of November, 2015 the Plaintiffs issued a Writ of Summons claiming  against the Defendant, the judicial reliefs mentioned here below:  

1. A declaration that after having paid the judgment debt of GH¢473,860.56 inclusive of  interest and cost, Plaintiffs are no longer liable to Defendant. 

2. An order directed at Defendant to discharge and release the original documents 3rd  Plaintiff used to secure the overdraft and bank guarantee to 3rd Plaintiff forthwith. 3. General damages. 

4. Any further reliefs the Honourable Court may deem necessary

5. Cost (including legal fees of Plaintiffs’ Lawyer). 

[3] By a Statement of Defence filed on 2nd December, 2015 the Defendant admitted that the  Plaintiffs herein paid the judgment debt of GH¢473,860.56 but contended that…

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