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…

PLYWOOD POINT & ORS. V. AGRICULTURAL DEVELOPMENT BANK

PLYWOOD POINT & ORS.
V.
AGRICULTURAL DEVELOPMENT BANK