MENSAH AND OTHERS v. ADU AND OTHERS

George Mensah, S.K. Dabie, and Kojo Adiyia previously succeeded in the Supreme Court in 1965 against J.H. Adu (alias Nana Adu Kwabena), A.S. Akom, and Nana Sakyi Amanado II, when the Court reversed the High Court at Cape Coast and fixed costs. However, the formal order drawn up by the presiding judge, Mills-Odoi J.S.C., added the phrase, “Other costs in the court below to be taxed.” Acting on the certified order, the High Court Registrar taxed further costs, and the respondents paid an additional £G341 6s. 6d. under protest after a writ of fi. fa. In this suit, those payers sought restitution as money had and received or paid under mistake. Writing for the court, Azu Crabbe J.S.C. held that sums paid under compulsion of legal process pursuant to a certified order cannot be recovered by collateral action; the proper remedy is to seek rectification of the appellate order. The court emphasized its inherent jurisdiction to correct ministerial errors, found no unconscientious conduct by the defendants, allowed the appeal, set aside the refund judgment, and adjusted costs accordingly.