2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The applicant sought review of a Supreme Court ruling clarifying an earlier decision involving joint liability and interest computation on judgment debts. The High Court initially ruled for the plaintiff on parts of the case, but dismissed an action against the Attorney-General, a decision reversed by the Court of Appeal. The Supreme Court dismissed subsequent appeals and reviews, but a clarification request led to a ruling on March 10, 2016. The review application contended that the Court misapplied statutory rules on interest computation. The Court found exceptional circumstances, granted part of the review, and clarified the application of CI 52 for interest computation, correcting its previous application of a repealed statute.
JUDGMENT
ANIN YEBOAH JSC
The applicant herein has moved this Court under Article 133(1) of the 1992 Constitution and Rule 54(a) of the Supreme Court Rules 1996 (C.I 16) to review part of the clarificatory decision delivered by this court’s ordinary bench on the 10th of March 2016.
To appreciate the reasons for this delivery it would be worthwhile to briefly state the facts giving rise to this application for review.
On the 20/4/2009 the applicant herein commenced an action against the three respondents in this application at the Commercial Division of the High Court, Accra. The High Court gave judgment in favour of the plaintiffs against the 1st and 3rd defendants and dismissed the action against the 2nd defendant, the Attorney-General. An appeal was lodged at the Court of Appeal, Accra by the Applicant herein against part of the judgment which dismissed the applicant’s claim against the 2nd defendant. The Court of Appeal, on 28/03/2013 allowed the appeal and made the second defendant as a judgment debtor. The second defendant lodged an appeal to this Court against the judgment of the Court of Appeal. This Court on 28/11/2014 dismissed the appeal. Not satisfied by the judgment of this court, the second defendant filed an application for review of the judgment of this Court dated 28/11/2014 but same was dismissed on 28/01/2015. The second defendant on 25/11/2015 by a motion sought clarification on parts of the judgment of the 28/11/2014. In that clarification application, the 2nd Defendant herein prayed this court for the following reliefs as per the motion paper.
a. “the use of the word “jointly” and “jointly and severally” in the judgment and the certificate of the order of this Honourable Court respectively.
b. the appropriate computation of the interest (whether compound or simple interest) as regards the contract signed on 26th August 2005, between the Plaintiffs, NDK Financial Services and the 1st Defendant, Ahaman Enterprise Limited.
c. the period for the computation of the interest exigible.”
It was therefore pursuant to the above application and reliefs that this Court delivered itself as per the Ruling of 10th March 2016 which has necessitated this Review application
After hearing arguments this Court on the 10/3/2016 made the following orders:-
1.“The expression” jointly and severally” was not used in this Court’s judgment of 28th November, 2014. We accordingly order a rectification of the certificate of payment to reflect that payment