Orlandi Vrs Peasah Boadu [2023] GHAHC 268 (20 February 2023)

Orlandi Vrs Peasah Boadu [2023] GHAHC 268 (20 February 2023)

The non-service of the initial Entry of Judgment on the defendant was not fatal to subsequent proceedings. The initial Entry of Judgment was superseded by the amended Entry of Judgment, which was properly served. The defendant failed to demonstrate prejudice from the plaintiff’s actions. The application to set aside the amended Entry of Judgment is dismissed, but execution is stayed pending determination of the applicable interest rate by the Bank of Ghana.

Citation
[2023] GHAHC 268
Parties
Plaintiff/respondent: Andrea Maria Orlandi; Defendant/applicant: Mrs. Constance Peasah Boadu
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 February 2023
Procedural Posture
Civil / Ruling on Application for Stay of Execution and to Set Aside Amended Entry of Judgment
Outcome
application to set aside amended Entry of Judgment dismissed; execution stayed
Legal Topics
Stay of Execution, Entry of Judgment, Interest on Judgment Debt, Amendment of Court Documents
Source Language
English
Civil Procedure Judgment Enforcement Stay of Execution Entry of Judgment Interest on Judgment Debt Amendment of Court Documents

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Parties

Andrea Maria Orlandi

Plaintiff/respondent

Mrs. Constance Peasah Boadu

Defendant/applicant

Procedural Posture

Civil / Ruling on Application for Stay of Execution and to Set Aside Amended Entry of Judgment

Legal Issues

  1. 1 Whether the amended Entry of Judgment filed without leave of court should be set aside
  2. 2 Whether the applicable interest rate on the judgment debt was properly imposed
  3. 3 Whether execution of the judgment should be stayed pending determination of the applicable interest rate

Ratio Decidendi

The non-service of the initial Entry of Judgment on the defendant was not fatal to subsequent proceedings. The initial Entry of Judgment was superseded by the amended Entry of Judgment, which was properly served. The defendant failed to demonstrate prejudice from the plaintiff’s actions. The application to set aside the amended Entry of Judgment is dismissed, but execution is stayed pending determination of the applicable interest rate by the Bank of Ghana.

Court Disposition

application to set aside amended Entry of Judgment dismissed; execution stayed

Orders

  • Application to set aside the amended Entry of Judgment filed on 4th October 2022 is dismissed.
  • Registrar to write to the Bank of Ghana to ascertain the applicable interest rate.