This ruling is in respect of a Motion on Notice to Set Aside the Amended Entry of Judgment and Leave for the Defendant/Judgment Debtor to Pay Judgment Debt by Instalments filed by the Applicant dated 4th October, 2022 with a supporting 17 paged Affidavit.
The mainstay of the application is that the Applicant was served with an Entry of Judgment dated 3rd May, 2018 with the face value of GHC50,000.00 as the debt recoverable with interest after the court entered judgment in favour of the Plaintiff/Judgment Creditor on 30th November, 2017. The Applicant avers that the Plaintiff/Judgment/Creditor attached a property not belonging to him hence the owner of the property brought an interpleader application before the court. At the hearing of the said application, he commenced payment of the judgment debt to court and paid a total amount of twenty thousand cedis (GH20,000.00). That he was served with an amended entry of judgment dated 22nd September, 2022 which calculates a 30% interest on the previous debt of GHC50, 000.00 without reflecting the amount of GHC20, 000.00 paid by him into court. The Applicant deposed to the fact that his business went bad disabling him to raise enough funds to pay the judgment debt on time and that he has returned to business and would be able to pay the said debt in monthly instalments of GHC2000.00 after the reconciliation is done.
Counsel for Applicant submitted that the applicant paid the judgment debt of GHC20,000.00 into court without the knowledge of the court and the Respondent out of ignorance and that it is equitable and lawful for the court to grant the instant application to set aside the Amended Entry of Judgment and grant leave to the applicant to pay the judgment debt by instalment.
On the other hand, counsel for the Plaintiff/Judgment Creditor/Respondent in opposing the instant application filed a 14paged Affidavit in Opposition dated 10th October, 2022. Counsel for Respondent submitted that on 23rd September, 2022, he filed an amended Entry of Judgment based on the judgment of the Court presided over by Her Honour, Malike Awo Woanyah Dey dated 30th November, 2017 which is the true and accurate reflection of the judgment of the Court. That the Applicant without the leave of the Court cannot purport to pay monies into court in satisfaction of a judgment and that the Respondent was not served with any application or notice of payment of the said monies in his favour.
Counsel for Respondent submitted that if the App
