BANK OF AFRICA vs. WILLIAM KOTEY NEEQUAYE

Before me is a Motion on Notice, Application to Pay Judgment Debt by Instalment. I have reviewed the said motion together with the affidavit in support of the application as well as the affidavit in opposition to the application in the light of the record of proceedings before me. I have also heard from counsel for both parties as they set forth the positions of their clients. By this application, the Defendant/Judgment/ Debtor/Applicant, (hereinafter, the ‘Applicant’) seeks to vary the terms of the Consent Judgment that was entered by the Court as the judgment of the parties on 1st February, 2018 by praying the Court for a grant of an Order to pay the judgment debt by instalment. The Plaintiff/Judgment/Creditor/Respondent (hereinafter, the ‘Respondent’) as is to be expected, is sincerely opposed to a grant of the application and the main reason for its opposition is that the honourable court cannot vary the terms of a Consent judgment as to do so would be contrary to law....