Francis M. Twum. v. Nana Ntiri Twum Barima II
2015
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - Presiding
- ACQUAYE, (J.A.)
- TORKORNOO, (J.A.)
Areas of Law
- Civil Procedure
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over the payment of judgment debt arising from a transaction between two Ghanaian citizens involving the sale of used clothing. The High Court's ruling allowing the defendant to settle the debt by installments was contested, resulting in an appeal. The Court of Appeal found that the trial court misapplied the principles governing installment payments and highlighted the importance of ensuring good faith in debt settlements while keeping judicial economy in mind. The appeal was allowed, the earlier ruling set aside, and the defendant ordered to pay the full judgment debt and costs immediately.
MARIAMA OWUSU, J. A.
On 3-2-2014 the High Court, Accra, in an application for Stay of Execution and an order to pay judgment debt by installments ruled among other things as follows: “After the defendants’ motion for payment by installment was dismissed on 11th February, 2013, he made some payments to the plaintiff which has reduced the debt to Gh¢46, 288. 00. So the defendant has shown good faith in taking steps to settle the judgment debt.
Accordingly, I would grant the application save that I would increase the monthly installment payment to GH¢3, 500. 00 The application is thus granted as varied. ”Dissatisfied with the decision of the High Court, the plaintiff/appellant (hereinafter referred to as plaintiff) appealed to the Court of Appeal on the following grounds: a. That the honourable trial court misdirected itself and fell into an error when it held that the defendant/respondent(hereinafter referred to as the defendant) has shown good faith in taking steps to settle the judgment debt when indeed there was no such evidence before the court and the defendant/respondent has not shown any such good faith.
b. That the honourable trial court misdirected itself and therefore fell into an error when it granted the defendant/respondent’s application for payment of the judgment debt by monthly installments when indeed an earlier similar application was dismissed and defendant/respondent did not establish any good grounds for the court to ignore or vary its earlier order dismissing the similar application.
c. That the honourable trial court misdirected itself on the law and therefore fell into error when it failed to appreciate that the defendant/respondent did not establish basis for the grant of the application.
d. That further grounds of appeal to be filed upon receipt of the Appeal Records.
Before dealing with the arguments in support of this appeal, I will give a brief background of this case.
By his writ of summons, the plaintiff claims: a. An order directed at the defendant to pay to the plaintiff forthwith the sum of US$29, 460. 00 or its equivalent in Ghana cedis being the agreed net proceeds due from the defendant to plaintiff and being proceeds of the sale of bales of used clothings shipped by plaintiff between 2008 and 2010 which used clothings defendant received and sold but failed to pay the net proceed to the plaintiff as agreed per the written agreement dated 2-6-11. b. Interest on the said sum of US$29, 460. 00 or its equivalent in ced