[2022]DLSC11430 • January 18, 2022 • Supreme Court •
KEN KWAME ASAMOAH vs. STATE INSURANCE COMPANY
The appellant, State Insurance Company, insured the respondent's Chevrolet Sports Car. After the car was stolen, the respondent claimed the insured value of Ghc116,200.00. The appellant repudiated liability, leading to a High Court judgment in favor of the respondent. The appellant appealed and was ordered to pay the judgment debt and interest into court pending appeal. The Court of Appeal reversed the High Court judgment, but the Supreme Court restored it. The respondent withdrew the money paid into court with accrued interest. Subsequently, the respondent filed notices seeking additional interest on the judgment debt beyond the payment into court.
read moreAMEGATCHER JSC:- INTRODUCTION On the 18th of January 2022, we allowed the appeal in this matter and reserved our reasons to be filed within 21 days. We proceed now to give the reasons for our decision. The significance of this appeal lies in the determination of the legal effect of payment of a judgment debt into court. Does the payment of a debt or judgment debt into court discharge the payer or judgment debtor from all further liabilities under the judgment to the payee or judgment creditor? The appellant says it does while the respondent says it does not. Though, what is before us is an interlocutory appeal arising from the refusal of the Court of Appeal to grant a suspension of the entry of judgment/or stay of proceedings of execution pending appeal, we are of the opinion that to avoid multiplicity of suits and save the parties from further expense and time in unnecessary and unwarranted litigation, this post-judgment interlocutory matter must be determined by us exercising ...