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REPUBLIC
V.
HIGH COURT (COMMERCIAL DIVISION)

(2008) JELR 82643 (SC)

Supreme Court 12 Nov 2008 Ghana
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- The case concerned whether the High Court had jurisdiction to entertain a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction involving a bank loan dispute. - After the original suit was

Case Details

Suit Number:J5/23/2008
Judges:ATUGUBA JSC., DATE-BAH JSC., ANSAH JSC., ADINYIRA JSC,. BAFFOE-BONNIE JSC
Counsel:Rebecca Boakye for the applicant.
Other Citations:[2008-2009] 1 GLR 1 - 11

JUDGMENT

The facts which is in issue in this suit is the jurisdiction of the High Court to hear a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction. The applicant bank brought action in the commercial division of the High Court against the interested parties in this suit in respect of a loan transaction. The parties to that suit agreed to settle their dispute and their agreement was embodied in a consent judgment of the commercial division of the High Court. Subsequently, a dispute arose between the parties as to an aspect of that consent judgment. The writ which had commenced the suit that had been settled was indorsed with claims for:

"(a) the sum of ¢l,381,279,658.17, being loan and overdraft facility granted to the first defendant and guaranteed by the second, third and fourth defendants;

(b) interest on the sum of ¢ 1,381,27.9,658.17 from 5 November 2004 until date of final payment."

Thus, the indorsement did not indicate the rat…

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