[1971]DLSC2094 • July 7, 1971 • Supreme Court •
BENNEH vs. THE REPUBLIC AND ANOTHER
The appellant, Benneh, was served with an entry of judgment pursuant to N.L.C.D. 400 for a sum of N¢15,302.46, leading to a writ of fi. fa. and attachment of his property. He claimed that no unsatisfied judgment existed against him and that N.L.C.D. 400 was repugnant to the 1969 Constitution, particularly articles 12 and 18, which protect property rights. He sought an injunction to restrain execution under the decree.
read moreHe read the judgment of himself and Anin J.S.C. On 26 April 1971 we unanimously dismissed this appeal from the ruling of Aboagye J. reported in [1971] 1 G.L.R. 78, and the court intimated that it would later give its reasons for its decision. This we now proceed to do so. By his writ of summons, the plaintiff-appellant (hereinafter referred to simply as “the plaintiff”) claimed against the defendants-respondents hereafter referred to as “the defendants” for short) the following relief: “Injunction to restrain the defendants by themselves, servants, or agents or otherwise from going into execution in the suit entitled `In the matter of Investigation and Forfeiture of Assets (Further Investigation of Commissions Findings) (No. 3) Decree 1969, N.L.C.D. 400. Between: The State, judgment/creditor And Isaac William Benneh, judgment/debtor’.” In his statement of claim, the plaintiff set out as indicated in (1971] G.L.R. 78 at p. 79, the material facts upon which he relied ...