FORESTRY COMMISSION v. RICASBED GHANA LIMITED

WELBOURNE (MRS), J. A.

This is an application where the Defendant/Appellant/Applicant herein is seeking an order of the court to compel the Plaintiff/Respondent/Respondent to pay into court the sum of GH¢873, 560. 17 it fraudulently withdrew from the Registry of the court during the vacation period without the express permission of the court which had ordered the Defendant/Appellant/Applicant to pay the amount into court for same to be put in an interest yielding account pending the final determination of the appeal. Prior to moving the application, counsel for the Plaintiff/Respondent/Respondent raised an objection to the moving of the application. His sole ground was that this court lacked jurisdiction to hear this matter as the matter before the court emanated from an order of the High Court which order had not been set aside by the High Court, Court of Appeal or quashed by the Supreme Court. Counsel opined that the court’s jurisdiction could only be invoked if there was an appeal pending against that ruling. Counsel for the Defendant/Appellant/Applicant opposed the objection and referred the court to the order made by the Court of Appeal which ordered the Defendant/Appellant/Applicant to pay the sum into court and for it to be invested pending the determination of the appeal. (see Justice Gyan JA’s order made on 2nd December, 2015). Thus they were properly before this court. The preliminary legal objection was dismissed for the reason that the subject matter or the order that was made by this court on 2nd December, 2015 was in respect of the subject matter in dispute (namely the sum of GH¢873, 560. 17 ) which order had not been vacated or appealed against. Thus the court had jurisdiction. The genesis of the matter is that the Plaintiff/Respondent/Respondent obtained judgment against the Defendant/Appellant/Applicant on 15th April, 2013 in the sum of $289. That on 24th July, 2014, the Defendant/Appellant/Applicant obtained an order of the court to pay the judgment debt by five (5) equal installments and consequently, between August – December, 2014 Defendant/Appellant/Applicant fully paid the entire judgment debt of USD289. 25 in the cedi equivalent which amounted to GH¢919, 770. The Plaintiff/Respondent/Respondent later obtained leave of the High Court and amended its entry of judgment to include post judgment interest. In addition, the High Court upheld the Plaintiff/Respondent/Respondent application in December 22, 2014 that the Defendant/Appellant/