[1977]DLCA1411April 28, 1977Court of Appeal

REPUBLIC vs. ACCRA CIRCUIT COURT JUDGE; EX PARTE ASHANTI FURNITURE CO., LTD.

The fact of this case are simple and straightforward. One Antwi Boasiakoh sold timber to Ashanti Furniture Co., Ltd. (hereinafter called Ashanti Furniture) the respondent to this appeal. The cost of the timber was ¢6,088.66. It appears that Ashanti Furniture was unable to meet its obligations and Boasiakoh had to resort to court action for enforcement of payment of the price. He obtained judgment and proceeded to levy execution against the company. The company applied for and obtained an order of court to pay the judgment debt by instalments of ¢200 per month. Dissatisfied with the order, Boasiakoh appealed to the Court of Appeal. On 29 March 1973 the record shows that the appeal was struck out as settled. Unknown to Ashanti Furniture, Boasiakoh was only an agent in the matter and one Seth Okra was the undisclosed principal. The evidence shows that Boasiakoh was dishonest to his obligations and did not pay over to his principal any part of the judgment debt. Seth Okra therefore.....