ADNAN DAKIZ v. CREAM TIMBER MOULDING LTD AND ANOR.
2004
COURT OF APPEAL
GHANA
CORAM
- OMARI SASU, J.A. (PRESIDING)
- ANIM, J.A.
- KUSI-APPOUH (MRS), J
Areas of Law
- Civil Procedure
- Contract Law
- Employment Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
ANIM, J.A. delivered a judgment of the Court of Appeal dismissing an appeal from a High Court ruling that corrected figures in an Entry of Judgment following a consent judgment. The dispute arose from a long‑standing employment relationship in which the Defendants failed to pay the Plaintiff's US$1,000 monthly salary for most of 1977–1990 and later agreed (in 1996) to pay US$20,000, of which US$5,000 was paid. In January 2001, Senyo Dzamefe, J. entered a consent judgment for the US$15,000 balance with interest, plus ¢10 million costs. The Entry of Judgment filed listed ¢420,946,666 and ongoing interest; in 2003 the Defendants moved to correct miscalculated interest. The High Court (Kanyoke J.) granted the motion, finding corrections warranted and the debt satisfied. On appeal, the Court held the High Court properly exercised inherent and statutory powers (Order 28 rule 11) to correct clerical errors and accidental slips, not to vary the consent judgment. The appeal was dismissed, with OMARI SASU, J.A. and KUSI‑APPOUH (MRS), J. concurring.
ANIM J. A.
This is an appeal from the ruling of Kanyoke J. (as he then was) delivered on the 17th February 2003 at the High Court, Sekondi, in respect of the Motion to correct the figures stated in an Entry of Judgment filed by the Plaintiff after the High Court had entered judgment on his behalf. The Plaintiff was an employee of the Defendants from 1977 to 1990.
The Plaintiff was not paid his salary of $1000 per month during most of the period. Sometime in May 1996 the Defendants agreed to pay to the Plaintiff the sum of $20,000 to cover part of his entitlements. Since 1996 the Defendants paid only $5000.
On the 26th day of July 2000 the Plaintiff took out a Writ of Summons claiming against the Defendants jointly and severally the following reliefs:—
(a) The sum of US $15,000 payable in cedis at the Forex Bureau Rate being balance of the Plaintiff's entitlement of US $20,000.
(b) Prevailing Bank interest on the cedis equivalent of $15,000 from May 1996 to date of full payment and also interest on the sum of US $20,000 from 26th May 1996 to 25th September 1997.
(c) Substantial damages for breach of contract of employment, mental torture and suffering.
(d) Arrears of salaries unpaid by the defendants.
Subsequently, on 23rd January 2001, a consent judgment was entered in favour of the Plaintiff for reliefs 1 & 2 in the Writ of Summons. Costs of (¢10 million) Ten Million Cedis was also awarded the Plaintiff against the Defendants by His Lordship Senyo Dzamefe, J.
The Defendant/Judgment/Debtors failed to pay the judgment debt and costs as per the consent judgment entered against them. On 29th June 2001, however, they filed a motion on notice through their Solicitor praying the High Court for an order setting aside the judgment given per the consent judgment either wholly or in part and for such further order or orders as the court deemed fit. The motion was moved on 21st August 2001 and on 11th September 2001, the motion was dismissed. The court notes read:—
"COURT:—
Exhibit. "A" the agreement between the Plaintiff and Defendants dated 25/5/96 said in paragraph 2 that the sum of US $20,000 be paid within a period of 6 months but not exceeding 9 months. Counsel for the applicants is saying the interest is in excess of 9 months and therefore the whole judgment be set aside.
By my understanding of the C.A. decision in AUK PHARMACEU- TICAL vs. S.S. (1992) 1 GRL 562 I will not grant the application to have the judgment set aside but can agree that a re-