SACKEY VRS EDLORM GHANA LTD (H1/172/2018) [2023] GHACA 173 (13 July 2023)

SACKEY VRS EDLORM GHANA LTD (H1/172/2018) [2023] GHACA 173 (13 July 2023)

The plaintiff is entitled to interest on the £50,000 from July 2006 because the defendant wrongfully withheld the money after selling the property, and the settlement agreement created a new cause of action for the refund with interest. The award of costs was not shown to be wrong in law and stands.

Citation
[2023] GHACA 173
Parties
Plaintiff/respondent: Veronica Sackey; Defendant/appellant: Edlorm Ghana Ltd.
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
13 July 2023
Case Number
H1/172/2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed; trial court judgment affirmed
Legal Topics
Interest on Judgment Debt, Consent Judgment, Breach of Contract, Costs
Source Language
English
Contract Law Civil Procedure Interest on Judgment Debt Consent Judgment Breach of Contract Costs

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Parties

Veronica Sackey

Plaintiff/respondent

Edlorm Ghana Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff is entitled to interest on the sum of £50,000 from July 2006 to date of final payment
  2. 2 Whether the award of costs of GH¢500 against the defendant was proper

Ratio Decidendi

The plaintiff is entitled to interest on the £50,000 from July 2006 because the defendant wrongfully withheld the money after selling the property, and the settlement agreement created a new cause of action for the refund with interest. The award of costs was not shown to be wrong in law and stands.

Court Disposition

appeal dismissed; trial court judgment affirmed

Orders

  • Plaintiff is entitled to interest on £50,000 from July 2006 to date of final payment at the applicable bank rate
  • Costs of GH¢20,000 awarded to the plaintiff/respondent against the defendant/appellant