REPUBLIC vs. HIGH COURT (COMMERCIAL DIVISION) ACCRA; EX PARTE DOUBLE CROWN INVESTMENT LTD (GRANADA HOTEL LTD INTERESTED PARTY

Double Crown Investment Ltd was a defendant in a suit brought by Granada Hotel Ltd, resulting in a consent judgment ordering Double Crown to pay US$1,950,000 plus interest and costs. Payment was to be made by instalments with a default clause allowing execution upon default. Double Crown defaulted and applied for a stay of execution and payment by instalments, which was granted by Kwofie J (vacation judge). Granada Hotel Ltd filed a motion for review of the stay order, which was struck out by Tanko Amadu J due to procedural rules. Subsequently, Granada Hotel Ltd applied for variation of the stay order, which was granted by Tanko Amadu J. Double Crown Investment Ltd challenged the variation order as made without jurisdiction, prompting this Supreme Court application to quash the variation order dated 30 October 2008.

JUDGMENT ANIN YEBOAH JSC The applicant herein, Double Crown Investment Ltd, is by this application, invoking the supervisory jurisdiction of this court to quash an order of the High Court, Commercial Division, Accra dated 30 October 2008. The facts leading to this application do not appear to be in controversy and could be deduced from the exhibits and the affidavits filed in this application. The applicant was a defendant in Suit No BDC 31/07 titled: Granada Hotel Ltd v Double Crown Investment Ltd. The applicant, by a consent judgment dated the 30 July 2008, was adjudged to pay to the plaintiff, the interested party in the instant application, an amount of US$l ,950,000 (or its equivalent in Ghana cedis) together with interest and cost of Gh¢250,000. In the judgment after trial to enforce the judgment, it was stated that the judgment debt and costs were to be paid by instalments with the usual default clause permitting the interested party herein (as the judgment-creditor) to....