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THE REPUBLIC
V.
THE HIGH COURT (COMMERCIAL DIVISION) ACCRA EX PARTE THE TRUST BANK LTD AMPOMAH PHOTO LAB LTD & 3 ORS

(2008) JELR 68433 (SC)

Supreme Court 12 Nov 2008 Ghana
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- The Supreme Court held that the High Court has jurisdiction to entertain a fresh action seeking to set aside or vary a consent judgment of a court of coordinate jurisdiction, where grounds such as fraud or mistake are alleged; certiorari

Case Details

Suit Number:SUIT NO J5/23/2008
Judges:ATUGUBA J.S.C. (PRESIDING), DATE-BAH J.S.C ,ANSAH, J.S.C ,ADINYIRA J.S.C ,BAFFOE-BONNIE J.S.C.
Counsel:REBECCA BOAKYE FOR THE APPLICANT,EBOW BROWN FOR THE INTERESTED PARTY

RULING

DR. DATE-BAH JSC

The Facts

What 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 1,381,279,658.17 cedis, 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 1,381,279,658.17 from 5th November 2004 until date of final payment.

Thus, the indorsement did not i…

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