KEN KWAME ASAMOAH v. STATE INSURANCE COMPANY

The Supreme Court of Ghana, per Amegatcher JSC, addressed the legal effect of paying a judgment debt into court in an interlocutory appeal arising from the Court of Appeal’s refusal to suspend entry of judgment and stay execution pending appeal. The case began when an insurance company’s assured, whose Chevrolet sports car was snatched, claimed the insured sum and commercial interest. The High Court entered judgment for the assured; the Court of Appeal stayed execution on terms, ordering payment of the full judgment debt into court and investment, which was done on 31 December 2014. Though the Court of Appeal later reversed the High Court, the Supreme Court restored the High Court judgment in November 2018. After the assured withdrew the court‑paid sums and accrued interest in March 2019, he filed notices of entry of judgment seeking further commercial interest to January 2020, citing a prior Supreme Court order for interest until “final payment.” The Supreme Court held that payment into court, when accepted, satisfies the claim and stops interest as of the payment date; it interpreted “final payment” as 31 December 2014, found further interest would unjustly enrich the assured, allowed the appeal, and set aside the notices. The Court also issued directions to prevent misstatements in notices of entry of judgment.