FORESTRY COMMISSION vs. RICASBED GHANA LIMITED [2016]DLCA5090

Date	2016-11-23
Suit No.	NO. H3/22/2017
Citation No.	[2016]DLCA5090

MARGARET WELBOURNE (MRS.) JA.

[2016]DLCA5090
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													<main id="main" class="content" style="min-height: 60rem" >FORESTRY COMMISSION<o:p></o:p>(DEFENDANT/APPELLANT/APPLICANT)<o:p></o:p>vs.<o:p></o:p>RICASBED GHANA LIMITED<o:p></o:p>(PLAINTIFF/RESPONDENT/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NO.
H3/22/2017&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 23RD NOV., 2016<o:p></o:p>

</div>CORAM:<o:p></o:p>MARGARET WELBOURNE (MRS.) JA.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;padding:
0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>WELBOURNE (MRS), J.A.<o:p></o:p>This is an application
where the Defendant/Appellant/Applicant herein is seeking an order of the court
to compel the Plaintiff/Respondent/Respondent to pay into court the sum of GH¢873,560.17 it fraudulently withdrew
from the Registry of the court during the vacation period without the express
permission of the court which had ordered the Defendant/Appellant/Applicant to
pay the amount into court for same to be put in an interest yielding account
pending the final determination of the appeal.<o:p></o:p>Prior to moving the
application, counsel for the Plaintiff/Respondent/Respondent raised an
objection to the moving of the application. <o:p></o:p>His sole ground was that
this court lacked jurisdiction to hear this matter as the matter before the
court emanated from an order of the High Court which order had not been set
aside by the High Court, Court of Appeal or quashed by the Supreme Court.
Counsel opined that the court’s jurisdiction could only be invoked if there was
an appeal pending against that ruling.<o:p></o:p>Counsel for the
Defendant/Appellant/Applicant opposed the objection and referred the court to
the order made by the Court of Appeal which ordered the Defendant/Appellant/Applicant
to pay the sum into court and for it to be invested pending the determination
of the appeal. (see Justice Gyan JA’s order made on 2nd December,
2015).Thus they were properly before this court.<o:p></o:p>The preliminary legal
objection was dismissed for the reason that the subject matter or the order
that was made by this court on 2nd December, 2015 was in respect of
the subject matter in dispute (namely the sum of GH¢873,560.17 ) which order
had not been vacated or appealed against. Thus the court had jurisdiction.<o:p></o:p>The genesis of the matter
is that the Plaintiff/Respondent/Respondent obtained judgment against the Defendant/Appellant/Applicant
on 15th April, 2013 in the sum of $289.042.25 as damages for
unlawful interference in the Plaintiff’s business.<o:p></o:p>That on 24th
July, 2014, the Defendant/Appellant/Applicant obtained an order of the court to
pay the judgment debt by five (5) equal installments and consequently, between
August – December, 2014 Defendant/Appellant/Applicant fully paid the entire
judgment debt of USD289.024.25 in the cedi equivalent which amounted to
GH¢919,770.04 to Plaintiff/Respondent/Respondent.<o:p></o:p>The Plaintiff/Respondent/Respondent
later obtained leave of the High Court and amended its entry of judgment to
include post judgment interest. In addition, the High Court upheld the Plaintiff/Respondent/Respondent
application in December 22, 2014 that the Defendant/Appellant/Applicant ought
to have paid the judgment debt using commercial rate instead of the prevailing
Bank of Ghana Exchange rate which the Defendant/Appellant/Applicant had used to
calculate the amount. When the Defendant/Appellant/Applicant was served with
the Plaintiff/Respondent/Respondent’s amended entry of judgment in the sum of
GH¢873,560.17 in May 2015, as constituting the post judgment interest and
difference between the Bank of Ghana rate and the commercial rate and which
amount was solely computed by the Plaintiff/Respondent/Respondent.<o:p></o:p>The Defendant/Appellant/Applicant
vehemently disputed the said amount so the High Court nominated the Director of
Finance of the Judicial Service to compute the post judgment interest and the
variation of the Exchange rate and report the outcome to the court.<o:p></o:p>Whilst awaiting the report
from the Director of Finance on the issue, Civil Form 6 was served on the
parties, this prompted the Defendant/Appellant/Applicant to apply for stay of
execution of the sum as stated in the Plaintiff/Respondent/Respondent’s amended
Entry of Judgment which is GH¢873,560.17.<o:p></o:p>On 2nd
December, 2015, the Court of Appeal granted the stay of execution and directed
the Defendant/Appellant/Applicant to pay the amount into court to be invested
in an interest yielding account pending the final determination of the appeal
(see Exhibit ‘FC’).<o:p></o:p>On 22nd July,
2016, the Defendant/Appellant/Applicant paid the entire amount into court after
obtaining leave from the Court of Appeal.<o:p></o:p>The Defendant/Appellant/Applicant
was informed that in July, 2016, the Plaintiff/Respondent/Respondent came by
Ex-parte application to this court to take away the money, but the Plaintiff/Respondent/Respondent’s
application was refused.<o:p></o:p>The Defendant/Appellant/Applicant
wrote to the Registry of the Court and copied the Director of Finance not to release
the m</main>