2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Amadu JSC, addressed an application by the executors and trustees of the late Edward Osei Boakye to enforce a consent judgment arising from a settled appeal concerning plots 6 and 7 at the Airport Commercial Centre, Accra. The consent judgment, adopted by a single justice on 12 November 2014, granted the Respondent a 15-year sub-lease from 1 May 2015 in exchange for monthly rent of the Cedi equivalent of US$35,000 and allocation of a ground-floor office space to the Applicants. After paying one year’s rent, the Respondent allegedly defaulted from 1 May 2016, accruing US$2,520,000 in arrears and failing to allocate the office space. Relying on Article 129(4), and authorities including Amidu v Attorney-General & Water Ville and Ex-Parte Sangber-Dery, the Court held it has power to directly enforce its judgments, rejected estoppel and abuse of process arguments, and granted leave to execute, permitting enforcement of the outstanding obligations.
RULING
AMADU JSC:-
INTRODUCTION
(1) The key question for determination in this application is not entirely novel, yet recondite because the paucity of decisions of this Court have not settled the question whether or not within the meaning and effect of Article 129(4) of 1992 Constitution, this Court has the power to enforce its own judgments and orders without necessarily referring same to any lower court.
BACKGROUND FACTS
(2) On 17th October, 2008 the Plaintiffs/Appellants/Respondents/ Applicants (hereinafter referred to as “the Applicants”), acting in their capacity as executors and trustees of the Late Edward Osei Boakye (hereinafter referred to as “the deceased”), issued a writ of summons against the Defendant/ Respondent/ Appellant/ Respondent (hereinafter referred to as “the Respondent”). By this writ, the Applicants challenged the validity of a letter dated 21st January, 2008 addressed by the executors of the estate of the deceased to the Respondent authorizing him to enter plot numbers 6 & 7, Airport Commercial Centre, Accra, the subject matter of dispute (hereinafter referred to as “the property”) to complete the uncompleted building thereon belonging to the deceased.
(3) On 13th November, 2009 on the Respondent’s application, the Applicants’ action was dismissed by the High Court on the grounds that it did not disclose any cause of action against him. Subsequently, on 23rd June, 2011 in a judgment delivered by the Court of Appeal, the decision of the High Court was reversed and judgment entered in favour of the Applicants on the grounds that the letter dated 21st January, 2008 was invalid as it violated the provisions of section 105(1) of the Administration of Estates Act, 1961 (Act 63), among other reasons. Consequently, the Respondent was ordered to stop all constructional works on the property. It was further held that the 4th Applicant was entitled to take possession of the property as directed in the last Will and Testament of the deceased.
(4) Aggrieved by and dissatisfied with the judgment of the Court of Appeal, the Respondent appealed to the Supreme Court. During the pendency of that appeal, the parties agreed to compromise the judgment of the Court of Appeal on terms they had negotiated and agreed upon, as shown in the terms of settlement executed and witnessed by their respective lawyers. By a motion on notice filed in the Registry of this Court on 11th September, 2014 the Respondent notified this Court about the completion and