BRODERICK vs. NORTHERN ENGINEERING PRODUCT AND ANOTHER

The plaintiff obtained an English judgment on 5 July 1990 against the defendants for £31,027.86 inclusive of interest up to payment, together with costs of £238. Because the judgment could not be enforced in England and the defendants were resident in Ghana, the plaintiff registered the foreign judgment in the High Court in Ghana under the Courts Act, 1971 (Act 372). After partial execution yielded ¢11,477,065.50, a dispute arose as to the proper cedi equivalent of the judgment debt. The central controversy was whether the conversion from pounds sterling to cedis should be made using the exchange rate prevailing on the date of the original English judgment or the prevailing rate at the time of execution. Portion of judgment: “The plaintiff obtained a judgment in England on 5 July 1990 for the amount of £31,027.86 inclusive of interest up to the date of payment plus costs of £238... The defendants are resident in Ghana. The plaintiff therefore registered the judgment in this court under the Courts Act, 1971 Act 372... The basic question for determination in this motion is precisely how much was the equivalent of the amount owed when converted into cedis.”