GEORGE O. MACCARTHY & ANOR VS ASANKO GOLD GHANA LTD

This Court has heard an application for judgment on admission in respect of 50% of GHC1,102,964.27 which is GHC551,482.14. The Court has also read the affidavit in support and perused the exhibits. Counsel for Claimant even though he is absent in court this morning has filed an affidavit in opposition to the application. The Republic V the Court of Appeal, ex-parte Eastern Alloys Company Limited [2007-2008] 1 SCRLR page 371 is still the authority on the position that a motion filed on its due date even in the absence of the lawyer is as good as moved. Therefore the Court deems the affidavit in opposition to have been duly moved. In the Supreme Court Case of Re-Asere Stool; Nikoi Olai Amontia IV (substituted by Tafoanon II v. Akotia Aworsika III substituted by Laryea Ayiku III) [2005-2006] SCGLR 637. It was held that where an adversary has admitted a fact advantageous to the course of a party, the party does not need any better evidence to establish that fact than by relying on such admission which is an example of estoppel by conduct. Indeed, paragraphs 21 and 22 of the Claimant’s affidavit of interest are admissions to the fact that ‘In so far as the shareholding structure of MEI Limited remains 50% each between the first Plaintiff and the Claimant, any monies due MEI Limited ought to be shared equally between the shareholders. And therefore, it would be in the interest of justice for the Court to make an order for the judgment debt which has already been paid into court to be shared between the first Plaintiff and the Claimant in accordance with the shareholding structure of MEI Limited that is the company which was used to obtain the contract from the Defendant/Judgment Debtor. In effect, the Court is of the opinion that the Claimant has admitted unequivocally that, he shares with the first Plaintiff by the shareholding structure of MEI Limited 50-50% basis and therefore, the first Plaintiff is entitled to 50% of the judgment debt which has already been paid into court. Having so admitted, Claimant’s arguments in his affidavit in opposition that the amount in question referred to another sum is an afterthought. The Court grants judgment on admission in favour of the Plaintiff/Judgment Creditor Applicant accordingly.

(SGD)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

(JUSTICE OF THE HIGH COURT)

R.A.