C. C. W Limited Vrs Accra Metropolitan Assembly [2021] GHASC 152 (31 March 2021)

C. C. W Limited Vrs Accra Metropolitan Assembly [2021] GHASC 152 (31 March 2021)

The respondent was not automatically entitled to foreign exchange losses as an accretion on the judgment debt; the judgment was payable in cedis, and any losses from delayed payment do not become part of the judgment debt executable without a new cause of action. The High Court and Court of Appeal erred in granting leave to levy execution for the disputed sum without proper trial of the issue.

Citation
[2021] GHASC 152
Parties
Plaintiff/respondent/respondent: C. C. W Limited; Defendant/applicant/appellant: Accra Metropolitan Assembly
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 March 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Judgment Execution, Foreign Exchange Losses, Interest on Judgment Debt, Breach of Contract
Source Language
English
Contract Law Civil Procedure Judgment Execution Foreign Exchange Losses Interest on Judgment Debt Breach of Contract

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Parties

C. C. W Limited

Plaintiff/respondent/respondent

Accra Metropolitan Assembly

Defendant/applicant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent was entitled to levy execution for US$9,201,815.29 as foreign exchange losses after judgment debt was paid in cedis
  2. 2 Whether the High Court and Court of Appeal erred in granting leave to levy execution for the claimed sum
  3. 3 Whether the letters from the Deputy Attorney-General constituted admissions against interest

Ratio Decidendi

The respondent was not automatically entitled to foreign exchange losses as an accretion on the judgment debt; the judgment was payable in cedis, and any losses from delayed payment do not become part of the judgment debt executable without a new cause of action. The High Court and Court of Appeal erred in granting leave to levy execution for the disputed sum without proper trial of the issue.

Court Disposition

appeal allowed

Orders

  • Judgments of the High Court and Court of Appeal dated 21st July, 2017 and 11th April, 2019 respectively are set aside.