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Nii Kojo Danso II and Nii Kojo Ababio v. The Executive Secretary, Lands Commission and 2 Ors

2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE MRS. ELIZABETH ANKUMAH (MRS)

Areas of Law

  • Civil Procedure

AI Generated Summary

This case revolves around the plaintiffs' application for a Certificate of Judgment for an unpaid judgment debt against the State amounting to GH₵57,333,900.00. The judgment, originally rendered on 13th April 2005, remained largely unsatisfied despite a part payment made in May 2009. The defendants opposed the application, citing previous payments to other claimants and procedural issues. However, the Court ruled in favor of the plaintiffs, emphasizing that the State's actions were an abuse of process and that an unchallenged judgment should be executed. The application for the Certificate of Judgment was granted with no order as to costs. The legal principles established include the requirement of a Certificate of Judgment for execution against the State, the court's inability to stop execution of a valid judgment, and the significance of partial payments in the execution process.

RULING