Ndk Financial Services Vrs Ahaman Enterprise Limited & 2 Ors [2021] GHASC 182 (2 June 2021)

Ndk Financial Services Vrs Ahaman Enterprise Limited & 2 Ors [2021] GHASC 182 (2 June 2021)

The applicant admitted in affidavit an outstanding balance of GHS 14,699.74, and the respondent failed to prove any further amount was due. The court held the applicant liable only for the admitted sum, with statutory interest, and found further execution processes for higher sums unlawful.

Citation
[2021] GHASC 182
Parties
Plaintiff/appellant/respondent Judgment Creditor/respondent: NDK Financial Services; Defendant/respondent/appellant Judgment Debtor/applicant: Ahaman Enterprise Limited; Defendant/respondent/appellant Judgment Debtor/applicant: Attorney-General; Defendant: Alex A. Aduko
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 June 2021
Procedural Posture
Civil Motion / Ruling on Application Challenging Continued Execution of Judgment
Outcome
application allowed in part
Legal Topics
Execution of Judgment, Admissions in Affidavits, Burden of Proof, Consequential Orders
Source Language
English
Civil Procedure Evidence Judgment Enforcement Execution of Judgment Admissions in Affidavits Burden of Proof Consequential Orders

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Parties

NDK Financial Services

Plaintiff/appellant/respondent Judgment Creditor/respondent

Ahaman Enterprise Limited

Defendant/respondent/appellant Judgment Debtor/applicant

Attorney-General

Defendant/respondent/appellant Judgment Debtor/applicant

Alex A. Aduko

Defendant

Procedural Posture

Civil Motion / Ruling on Application Challenging Continued Execution of Judgment

Legal Issues

  1. 1 Whether the applicant has fully satisfied the judgment debt under the Supreme Court judgment dated November 28, 2014
  2. 2 Whether further execution processes by the respondent are lawful

Ratio Decidendi

The applicant admitted in affidavit an outstanding balance of GHS 14,699.74, and the respondent failed to prove any further amount was due. The court held the applicant liable only for the admitted sum, with statutory interest, and found further execution processes for higher sums unlawful.

Court Disposition

application allowed in part

Orders

  • Applicant to pay respondent GHS 14,699.74 as admitted in affidavit of 9/7/2019
  • Said amount to attract statutory interest under rule 4(1) of Court (Award of Interest and Post Judgment Interest Rules, 2005, CI 52) from 28th November 2014 to date of final payment at the rate as at 2nd June 2021