Republic Vrs High Court (probate & Administative 2), Accra Ex Parte: Darko and Others [2021] GHASC 82 (9 June 2021)

Republic Vrs High Court (probate & Administative 2), Accra Ex Parte: Darko and Others [2021] GHASC 82 (9 June 2021)

The applicant admitted in affidavit an outstanding balance of GHS 14,699.74, which was not withdrawn. The respondent failed to prove any amount beyond this admission. The court is entitled to act on such an admission and orders payment of the admitted sum with statutory interest.

Citation
[2021] GHASC 82
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
9 June 2021
Procedural Posture
Civil Motion / Ruling on Execution Proceedings
Outcome
partially allowed
Legal Topics
Execution of Judgments, Admissions in Affidavits, Burden of Proof, Consequential Orders
Source Language
English
Civil Procedure Judgment Enforcement Execution of Judgments 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 Execution Proceedings

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 are lawful in light of alleged full payment
  3. 3 Whether admissions in affidavits can be relied upon to determine outstanding indebtedness

Ratio Decidendi

The applicant admitted in affidavit an outstanding balance of GHS 14,699.74, which was not withdrawn. The respondent failed to prove any amount beyond this admission. The court is entitled to act on such an admission and orders payment of the admitted sum with statutory interest.

Court Disposition

partially allowed

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, C.I. 52) from 28th November 2014 to date of final payment at the rate as at 2nd June 2021.