SEA GULL CO. LTD
V.
EBOW THEODORE ESSANDOH AND ORS

(2015) JELR 107672 (HC)    
High Court  ·  SUIT NO: AC 158/2015 ·  3 Dec 2015 ·  Ghana
CORAM
JUSTICE PATIENCE MILLS TETTEH (MRS.)
Core Terms Beta
plaintiff
applicant
judgment
2nd defendant
defendants
indebtedness
3rd defendant
gecad ghana
order
contract
motion
respondents
1st defendant
3rd respondent
gecad ghana limited
ministry of energy
official liquidator
open court
plaintiffs
power plant
3rd defendant companies
3rd defendant indebtedness
african development bank
amount of ghc
behalf of gecad incorporated
behalf of the 3rd defendant
case of plaintiff
claim of admission
copies of a letter
director of gecad
director of gecad ghana limited
evidence of their indebtedness
exhibit a. plaintiff
exhibit b
findings of the judge
legal action
parent company
position of 3rd defendant
preservation order of this court
release of money
said sum
substantive suit
summary judgment
total sum

RULING 

This is a motion on notice for judgment on admissions and an order for  the release of money preserved by the official liquidator in compliance  with preservation order of this court differently constituted. The  plaintiff/applicant is one of the subcontractors commissioned by the  defendants/respondents to build a power plant for VRA. The defendants  sued VRA in this Court and obtained judgment. The money, subject  matter of this application was paid after that judgment. The defendants  having admitted their indebtedness to the plaintiff/applicant, it is the  case of plaintiff/ applicant that the money so preserved should be  released to them in settlement of the debt owed.

The substantive suit claiming the total sum was instituted on 5/11/14  with the following reliefs; 

1. An order that the defendants pay to the plaintiffs the sum of  US$1,079,626,.61 being the outstanding balance for the  construction works in the development of Tema Thermal 1 power  project 

2. Interest on th…

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