THE REPUBLIC vs. THE HIGH COURT, CAPE COAST EX PARTE: GHANA COCOA BOARD, NANA KWAKU APOTOI II

The applicant, Ghana Cocoa Board, was a defendant in a suit where a consent judgment required payment of $1,950,000 plus interest and costs. The judgment debt was to be paid in installments with a default clause allowing execution upon default. The applicant defaulted and sought a stay of execution and payment by installments, which was granted by Justice Kwofie sitting as a vacation judge. The interested party filed a motion for review due to ambiguity in the order, but the motion was struck out by Justice Tanko Amadu due to jurisdictional rules. Subsequently, the interested party filed an application for variation of the order, which was granted by Justice Tanko Amadu. The applicant challenged the jurisdiction of Justice Tanko Amadu to vary the order made by Justice Kwofie, leading to this application invoking the Supreme Court's supervisory jurisdiction to quash the variation order.

ANIN YEBOAH, JSC:- The applicant herein is by this application invoking the supervisory jurisdiction of this court to quash an order of the High Court, commercial Division, Accra, dated the 30/10/08. 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 № BDC 31/07: GRANADA HOTEL LTD VS. DOUBLE CROWN INVESTMENT LTD. The applicant , by a consent judgment dated the 30/07/2008 was adjudged to pay to the interested party (plaintiff) in the said case an amount of $1,950,000 together with interest and cost of GH¢250,000. In the judgment after trial to enforce the judgment, it appears that the judgment debt and costs were to be paid by installments with the usual default clause permitting the interested party herein (as the judgment /creditor) to proceed to levy execution upon default on the part of the applicant herein. The applicant...