CCW LIMITED vs. ACCRA METROPOLITAN ASSEMBLY
  • IN THE SUPERIOR COURT OF JUDICATURE
    IN THE SUPREME COURT
    ACCRA - A.D 2019
CCW LIMITED - (Plaintiff/Respondent/Appellant)
ACCRA METROPOLITAN ASSEMBLY - (Defendant/Applicant/Respondent)

DATE:  3RD JULY, 2019
CIVIL APPEAL NO:  J4/21/2019
JUDGES:  ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, PWAMANG JS
LAWYERS:  TONY LITHUR FOR THE PLAINTIFF/RESPONDENT/APPELLANT
GRACE EWOAL, PRINCIPAL STATE ATTORNEY FOR THE DEFENDANT/APPLICANT/RESPONDENT
JUDGEMENT

DINYIRA (MRS.), JSC:-

This is an appeal against the judgment of the Court of Appeal dated 13th June, 2018. The main issue in the appeal is whether, on the facts of this case, the decision of the High Court dated 27th July, 2017 granting leave to the appellant to levy execution against the respondent for the sum of USD9, 201, 815.29 as foreign exchange losses resulting from delay in the satisfaction of judgment obtained by the appellant on 13th February, 2008 is a final order or an interlocutory one. We have given serious consideration to the submissions contained in the written briefs of the parties and read closely the judgment of the Court of Appeal. The well-settled method for determining the final or interlocutory nature of court decisions in Ghana is the nature of the order approach and that is the one the Court of Appeal applied in this case. We are in agreement with the Court of Appeal that, upon a proper application of the nature of the order approach to the facts of this case, the obvious conclusion is that the decision of the High Court was a final order. In the circumstances, we have decided not to disturb the judgment of the Court of Appeal but to affirm same. Consequently, the appeal fails and is hereby dismissed.

                                                               

 

                                                                   S. O. A. ADINYIRA (MRS)

                                                                (JUSTICE OF THE SUPREME COURT)

 

DOTSE, JSC:-

I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.

                                                                 V. J. M. DOTSE

                                                              (JUSTICE OF THE SUPREME COURT)

 

YEBOAH, JSC:-

I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.

                                                                ANIN YEBOAH

                                                             (JUSTICE OF THE SUPREME COURT)

 

BAFFOE-BONNIE, JSC:-

I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.

                                                            P. BAFFOE- BONNIE

                                                          (JUSTICE OF THE SUPREME COURT)

 

PWAMANG, JSC:-

I agree with the conclusion and reasoning of my sister Adinyira (Mrs.), JSC.

 

                                                          G. PWAMANG

                                                         (JUSTICE OF THE SUPREME COURT)

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