He said in a statement at the time that: ``... I have this morning 4th November, 2016 filed an application at the Supreme Court for leave to examine the judgment
debtor as the citizen public interest plaintiff in
favour of whom the case was decided for the Republic
of Ghana.»
If you choose not to follow the Protocol, you issue proceedings and either your
debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs
of the proceedings or part
of the costs
of the other side even if you obtain judgment in your
favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault
of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment
of a higher interest rate
of up to 10 % above base rate.
If the court makes such an order, requiring the supply either on the same terms as were offered to the
debtor prior to the CCAA filing or on terms determined by the court, then a charge over the property
of the
debtor is granted in
favour of the critical supplier.