YANKSON vs. MENSAH

The plaintiff sued in the High Court, Ghana, by specially endorsed writ claiming ¢3,182.61 (£1,187.56), being the alleged balance due under a judgment entered on 7 March 1967 in the High Court of Justice, Queen’s Bench Division, England, together with interest under the Judgments Act, 1838. The plaintiff had earlier caused the English judgment to be registered in Ghana on 15 October 1973, but that registration was later set aside on 31 January 1974 because the application for registration had been made outside the six-year period prescribed by the Courts Act, 1971 (Act 372). The present action was therefore an attempt to recover the same judgment debt by instituting a fresh action in Ghana rather than by registration. Portion of judgment: “It does appear from the opposing affidavit that the plaintiff through her counsel registered the judgment of the High Court of England in the High Court of Ghana on 15 October 1973. This judgment was subsequently set aside on the application of the defendant on the ground of lapse of time.” Also: “The plaintiff’s solicitors realising the correctness of the ruling of GriffithsRandolph J., issued a specially endorsed writ claiming reliefs indicated above.”

JUDGMENT OF EDUSEI J. This is an application by the plaintiff under Order 14 of the High Court (Civil Procedure) Rules, 1954 (LN 140A), for summary judgment. The defendant has vehemently opposed it, and contended further that the action is not maintainable in this jurisdiction. The plaintiff’s specially endorsed writ of summons reads as follows: “The plaintiff’s claim is for ¢3,182.61 (£1,187.56) being the balance due from the defendant to the plaintiff under a judgment entered in the High Court of Justice, Queen’s Bench Division, England, on 7 March 1967 against the defendant in favour of the plaintiff. . . PARTICULARS Judgment debt .. .. .. .. £3,022.69 ¢8,100.76 Add costs .. .. .. .. .. 33.47 89.66 ------------ -------...