DR. FREDERICK KOFI ASIEDU vs DR. KWAME ASANTE-APPIAH & ANOTHER
November 17, 2022
CIRCUIT COURT
GHANA
CORAM
- H/H ADELAIDE ABUI KEDDEY
Areas of Law
- Civil Procedure
- Banking and Finance Law
AI Generated Summary
In this Ghana Circuit Court ruling, H/H Adelaide Abui Keddey considered an application by the Defendants/Judgment Debtors to set aside an Entry of Judgment and Garnishee Order Nissi following a 31 March 2022 judgment awarding US$23,000, interest from January 2019 until final payment, and GHS 4,000 costs to the Plaintiff/Judgment Creditor. After the Plaintiff filed the Entry of Judgment on 29 June 2022 and sought garnishee orders against accounts at GCB Banks Martey Tsuru Branch and Fidelity Banks Achimota Branch, the applicants challenged the interest computation, arguing the Respondent had applied a Ghanaian bank rate to a dollar-denominated debt. The Respondent admitted the miscalculation and indicated the correct amount was US$34,548.46. Reviewing C.I. 52 and case law (including Kourani and NIB v Silver Peak), and applying Order 81 of C.I. 47 and authorities emphasizing substantial justice over technicalities, the court held dollar debts attract dollar interest, found the entry technically compliant, allowed immediate correction of the interest figure, and refused to set aside enforcement.