CCW LIMITED v. ACCRA METROPOLITAN ASSEMBLY
2019
SUPREME COURT
GHANA
CORAM
- ADINYIRA (MRS) JSC (PRESIDING)
- DOTSE JSC
- YEBOAH JSC
- BAFFOE-BONNIE JSC
- PWAMANG JS
Areas of Law
- Civil Procedure
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal to the Supreme Court of Ghana against a Court of Appeal judgment dated 13th June, 2018. The central issue was whether a High Court decision granting leave to levy execution for foreign exchange losses was a final or interlocutory order. The Supreme Court, applying the 'nature of the order' approach, agreed with the Court of Appeal's conclusion that the High Court's decision was a final order. The appeal was consequently dismissed, affirming the Court of Appeal's judgment. All five justices of the Supreme Court concurred with the lead judgment delivered by Justice Adinyira. The case highlights the application of the 'nature of the order' approach in determining the finality of court decisions in Ghana's legal system.
JUDGEMENT
DINYIRA (MRS.), JSC:-
This is an appeal against the judgment of the Court of Appeal dated 13th June, 2018. The main issue in the appeal is whether, on the facts of this case, the decision of the High Court dated 27th July, 2017 granting leave to the appellant to levy execution against the respondent for the sum of USD9, 201, 815.29 as foreign exchange losses resulting from delay in the satisfaction of judgment obtained by the appellant on 13th February, 2008 is a final order or an interlocutory one. We have given serious consideration to the submissions contained in the written briefs of the parties and read closely the judgment of the Court of Appeal. The well-settled method for determining the final or interlocutory nature of court decisions in Ghana is the nature of the order approach and that is the one the Court of Appeal applied in this case. We are in agreement with the Court of Appeal that, upon a proper application of the nature of the order approach to the facts of this case, the obvious conclusion is that the decision of the High Court was a final order. In the circumstances, we have decided not to disturb the judgment of the Court of Appeal but to affirm same. Consequently, the appeal fails and is hereby dismissed.
S. O. A. ADINYIRA (MRS)
(JUSTICE OF THE SUPREME COURT)
DOTSE, JSC:-
I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.
V. J. M. DOTSE
(JUSTICE OF THE SUPREME COURT)
YEBOAH, JSC:-
I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.
ANIN YEBOAH
(JUSTICE OF THE SUPREME COURT)
BAFFOE-BONNIE, JSC:-
I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.
P. BAFFOE- BONNIE
(JUSTICE OF THE SUPREME COURT)
PWAMANG, JSC:-
I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.
G. PWAMANG
(JUSTICE OF THE SUPREME COURT)