Asamoah Vrs State Insurance Company [2022] GHASC 41 (18 January 2022)

Asamoah Vrs State Insurance Company [2022] GHASC 41 (18 January 2022)

Once the full judgment debt and interest were paid into court and accepted by the respondent, the appellant was discharged from further liability, including post-payment interest. The respondent is not entitled to further interest beyond the date of payment into court. Notices of entry of judgment filed by the respondent’s counsel purporting to claim additional interest were invalid and must be set aside.

Citation
[2022] GHASC 41
Parties
Plaintiff/respondent/respondent/respondent: Ken Kwame Asamoah; Defendant/appellant/applicant/appellant: State Insurance Company
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 January 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Interlocutory Appeal
Outcome
Appeal allowed
Legal Topics
Payment Into Court, Judgment Debt, Interest Calculation, Stay of Execution, Entry of Judgment
Source Language
English
Civil Procedure Insurance Law Payment Into Court Judgment Debt Interest Calculation Stay of Execution Entry of Judgment

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Parties

Ken Kwame Asamoah

Plaintiff/respondent/respondent/respondent

State Insurance Company

Defendant/appellant/applicant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Interlocutory Appeal

Legal Issues

  1. 1 Does payment of a judgment debt into court discharge the payer from further liability under the judgment?
  2. 2 Is further interest payable after full payment of judgment debt into court and acceptance by the beneficiary?
  3. 3 What is the effect of notices of entry of judgment filed by counsel post-trial?

Ratio Decidendi

Once the full judgment debt and interest were paid into court and accepted by the respondent, the appellant was discharged from further liability, including post-payment interest. The respondent is not entitled to further interest beyond the date of payment into court. Notices of entry of judgment filed by the respondent’s counsel purporting to claim additional interest were invalid and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Notices of entry of judgment filed by the respondent on 4th December 2018 and 5th February 2020 are set aside.
  • No further orders as to remittal; matter concluded under Supreme Court’s powers.