GH - BRIDGE POLYMERS POLSKA vs DUWAPLUS GHANA LIMITED

It’s for a ruling in respect of an application for an Order for payment of Judgment debt by Instalments filed by the Defendant/Judgment Debtor/Applicant (hereinafter called ‘Applicant’) dated 14th February 2023.

Counsel for Applicant submitted that both the principal and legal cost will be paid over a period of ten months. That a sign of good faith, the Applicant presented a postdated cheque for USD$5,000.00 to the Respondent. Counsel submitted that the issue of interest was a contentious one between the parties, but the Respondent had offered to accept interest at 2% per annum. Counsel relied on the case of FIANKUMA VS. COBBINA & ANOR [1991] 2GLR at 369 to support its case.

In opposition to the instant application, the Plaintiff/Judgment Creditor/Respondent (hereinafter called ‘Respondent) filed a 16-paragraph Affidavit in Opposition dated 1st March 2023. It is the case of the Respondent that the Applicant has enough assets that can be auctioned and sold to satisfy its judgment debt.

Counsel submitted that this application is essentially an appeal in disguise and that default judgment was entered against the Defendant on 26th July 2022 with the said Order marked as Exhibit “NKM1” annexed to the Affidavit in Opposition. That the court has already had cause to consider the applicant’s application to pay the judgment debt by instalment before arriving at its decision on 26th July 2022.

Counsel for Respondent submitted further that the applicant has not shown any good faith to warrant the grant of this application. Counsel relied on the case of CAL BANK LTD VS. GEORGE AYISI BOATENG & 2 ORS CIVIL APPEAL NO.H1/43/2016 which is to the effect that although applications such as this are at the discretion of the court, the court ought to consider issues of bad faith. It is the case of counsel that the Applicant in their exhibit “KD1” proposed to pay the debt they owe the Respondent from 1st May 2022 to 30th June 2023 and yet have not abided by their own payment proposal till date. That if the Applicant truly had any intention of satisfying the judgment debt in installments, it would have completed payment in accordance with the payment plan attached to its affidavit in support of this application. Counsel therefore prayed the Court to dismiss the present application to avoid unnecessary delay and expense for the Respondent to enjoy the fruits of its judgment.

ANALYSIS AND DECISION

The record shows that the present application is the first of its kind in ter

ANALYSIS AND DECISION

The record shows that the present application is the first of its kind in ter

BRIDGE POLYMERS POLSKA vs DUWAPLUS GHANA LIMITED

Areas of Law

RULING