C. C. W LIMITED v. ACCRA METROPOLITAN ASSEMBLY
2021
SUPREME COURT
GHANA
CORAM
- YEBOAH, CJ (PRESIDING)
- PWAMANG, JSC
- AMEGATCHER, JSC
- OWUSU (MS.), JSC
- HONYENUGA, JSC
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court appeal arises from CCW Ltd’s effort to execute for US$9,201,815.29 in alleged foreign exchange losses against the Accra Metropolitan Assembly (AMA) following a long-running waste management dispute. After the 1997 contract was terminated by AMA, CCW obtained a High Court judgment awarding the cedi value of 715,628.5 metric tons × US$18, with a later Supreme Court order for interest under C.I. 52. Years later, CCW sought leave to levy execution for foreign exchange losses stemming from delayed payment, which the High Court granted and the Court of Appeal affirmed, reasoning that payment at the prevailing dollar-index ensured full value. On AMA’s further appeal, the Supreme Court held that the original judgment was in cedis and did not include foreign exchange losses; any such losses are not part of the judgment debt and cannot be executed without a new action. The Court set aside both lower decisions, emphasizing that statutory post-judgment interest under C.I. 52, not currency conversion, compensates delay, and that disputed entitlements should be tried under the execution rules.
HONYENUGA, JSC:-
INTRODUCTION
The instant appeal emanates from the Ruling of the High Court on a motion on notice for leave to levy execution in which the High court granted the application in favour of the plaintiff/respondent/ respondent as against the defendant/applicant/appellant for the payment of Nine million, two hundred and one thousand, eight hundred and fifteen US Dollars (US$9,201,815.29). Dissatisfied with the decision of the High Court, the defendant/applicant/appellant appealed to the Court of Appeal which also dismissed the appeal and affirmed the decision of the High Court. Being aggrieved with the Judgment of the Court of Appeal, the defendant/applicant/appellant filed an appeal to this court. In this opinion, the defendant/applicant/appellant would be simply referred to as the appellant while the plaintiff/respondent/respondent would be referred to as the respondent.
BACKGROUND
The background facts of this case are that by an agreement dated the 4th December 1997, the appellant engaged the respondent to render waste disposal services including landfill services within the city of Accra. However, the respondent commenced work only for the appellant to terminate the agreement. Being aggrieved, the respondent issued a writ at the Fast Track High Court claiming for an order compelling the appellant to pay to the respondent an amount equivalent in Cedis of US$10, 207, 718.51 at the prevailing forex bureau rate on the date of actual payment being the cost of services provided, interest on the sum mentioned until the date of Judgment, damages for breach of contract, loss of profit, further or other reliefs and costs. The appellant counterclaimed for a declaration that the procedure adopted in awarding the contract to the respondent was improper, irregular against public policy and illegal and therefore the agreement is null and void. The appellant also claimed for re-negotiation of the clauses that were inimical to it and sought an order for the respondent to pay for the use of its vehicles, equipment, offices among others. It claimed interest on any amount due from the respondent to it and for an order to reconcile accounts.
At the end of the trial, the learned trial Judge, delivered Judgment in favour of the Respondent and concluded as follows:
“I would refuse these claims of the defendant. In conclusion of this case the plaintiff will be entitled against the defendant to the sum of 715, 628.5 metric tons x US$18 dollars payable in cedis