2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case concerns an application for review of a Supreme Court clarificatory decision made on 10/03/2016 about a disputed contract and post-judgment interest. Originally, the High Court ruled in favor of the applicants, dismissed the case against the 2nd defendant, which was later reversed by the Court of Appeal to include the 2nd defendant as a judgment debtor. Upon further appeals and clarifications requested by the 2nd defendant, the Supreme Court issued clarifying orders, now under review, regarding the computation of interest and the terms 'jointly' and 'jointly and severally'. The Supreme Court concluded that its earlier clarification amounted to a 'decision' and was thus reviewable under Rule 54 of CI 16. The review ultimately found that the court's prior ruling did not apply the correct statutory provisions and thus warranted correction, emphasizing the importance of following statutory and procedural guidelines diligently.
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.
“the use of the word “jointly” and “jointly and severally” in the judgment and the certificate of the order of this Honourable Court respectively.
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.
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:-
A. “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 under the haulage