ASUNKE v. JAJA AND ANOTHER

In Ghana’s High Court, Justice Edusei addressed post‑judgment enforcement after Muniratu Asunke’s successful running‑down action against the first defendant. Following an appeal and a limited stay, the State Insurance Corporation, insurer of the defendant’s vehicle GF 673, negotiated a settlement of N¢3,350 and prepared a discharge certificate conditioned on abandoning the appeal, but never paid. When Asunke executed on the unsuspended portion and attached GF 673, the first defendant sought a further stay and release, arguing a tax clearance certificate under income tax decrees prevented payment and that the discharge barred execution. Construing N.L.C.D. 78 para. 81A(3) and the Motor Vehicles (Third Party Insurance) Act, the court held that third‑party rights arise under statute, not policy claims, so the tax clearance requirement applies to the insured, not Asunke. It found exhibit A void, rejected accord and satisfaction absent payment, deemed seven days a reasonable time to pay, upheld the attachment, and dismissed the application.