ABSA BANK GHANA LIMITED VS. CHARLES NYARKO

INTRODUCTION:

On 10th November, 2021 the Supreme Court in exercise of its jurisdiction as the final Appellate Court delivered judgment in Civil Appeal No. J4/38/2020 involving the parties to this application.

By the said decision the Supreme Court reversed the judgment of the Court of Appeal dated 25th July, 2019 with reasons delivered on 24th October, 2019 which had affirmed judgment of the High Court dated 28th February, 2017 in favour of the Plaintiff then (now Defendant in this case) but varied the quantum of damages awarded by the Trial High Court.

The Supreme Court in the judgment dated 10th November, 2021 ordered as follows: a. The award of Special Damages of GH¢73, 600 by the High Court which award was varied by the Court of Appeal is set aside.

b. The award of Special Damages of USD 35, 000 is also set aside c. The Respondent is however awarded General Damages of the sum of GH¢ 180, 000 for Breach of Contract.

Interest should be calculated from 1st October, 2011 till date of final payment.

The Plaintiff herein (therein the Defendant/Respondent) being dissatisfied and aggrieved by the judgment of the Supreme Court dated 10th November, 2021 has issued a fresh Writ and a Motion for Interlocutory Injunction in this Court on 21st February, 2023. The Plaintiff per the Writ of Summons is praying the Court as follows: A. A declaration that the order numbered (c) of the Supreme Court judgment which awarded Post Judgment Interest to the Defendant to be calculated from 1st October, 2011 till date of final payment is contrary to the Court (Award of Interest Post Judgment Interest) Rules, 2005 (C. I. 52) and therefore void or a nullity.

B. A further declaration that by the provisions of C. I. 52, interest on the said GH¢180, 000 awarded to the Defendant for General Damages is a Post Judgment Interest and therefore same could be calculated only from 28th February, 2017 when the High Court gave judgment up to the date of final payment.

C. An order setting aside the said order (c) of the Supreme Court judgment dated 10th November, 2021 on grounds that same is void or a nullity.

D. Perpetual Injunction restraining the Defendant herein from calculating interest on the said GH¢180, 000 beginning from 1st October, 2011 till date of final payment.

The Defendant/Applicant (hereinafter called the Defendant) contends that this Court lacks jurisdiction to determine this case and has brought this instant application to set aside the Writ of Summons, Statement of