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
2016
HIGH COURT
GHANA
CORAM
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.
This is an application for an order pursuant to section 15 (1) ofthe State Proceedings Act 1998 for a Certificate of Judgment.
Itdeals with “satisfaction of orders against the state. ” It is for thepayment against the State, and in favour of plaintiffs for thesum of GH₵57, 333, 900. 00 together with accrued interestarising out of the judgment of this Court, differentlyconstituted, dated 13th April 2005 which, remains unsatisfied todate.
The application was supported by an 11-paragraphedaffidavit.
The salient points can be found in paragraphs 4, 5, 6, 8, 9 and 10 as follows: “4. On 13th April 2005, the High Court, Accra (Coram HisLordship Justice Kofi Akwaah) delivered judgment in the suit inour favour against the defendants herein to pay to us theprincipal sum of ₵468, 848, 000, 000. 00 (GH₵46, 884, 800. 00) andcost of valuation ₵52, 745. 500, 000. 00 (GH₵5, 274, 550. 00). TheCourt also awarded legal costs ₵52, 745, 500. 000. 00(GH₵5, 274, 550. 00) in our favour.
5. By an order dated 3rd April, 2008, the High Court (Coram S. K. A. Asiedu) made an order for the issue of a Certificate ofJudgment against the State (Exhibit A refers)6. Consequent upon execution processes that we initiated, thedefendants made a part payment of GH₵100, 000. 00 on 15thMay 2009 out of the total judgment debt of GH₵46, 884, 800. 00; leaving an outstanding balance of GH₵46, 784, 000. 00 afterseries of meetings with the judgment debtors (Exhibit B refers)8. That the defendants are truly and justly indebted to us in thesum of GH₵57, 333, 900. 00 together with accrued interestarising out of the judgment of this Court dated 13th April 2005which remains unsatisfied to date and we are desirous ofproceeding into execution thereof.
9. That by an order of this Court dated 29th May, 2015; leavewas granted to us to proceed into execution of the judgmentdebt.
10. However I am advised that being a judgment against theState; it is a legal requirement that this Court should issue tous a Certificate of Judgment as a condition for proceeding intoexecution. ”In moving the application counsel for the plaintiff pointed outthat the defendants, against whom judgment was taken lack, capacity to challenge the present application, and are notentitled to be heard.
The means for attacking the judgment inthe form of ‘an appeal’ or ‘motion for stay of execution’ or an‘application to set aside the judgment’ itself were the processesavailable to them under our rules.
As long as the judgment ofthe Court