AMARTEY v. SOCIAL SECURITY BANK LTD. AND OTHERS vs. ROBERTSON (CONSOLIDATED)

Georgina Ayorkor Robertson and Sheikh Ibrahim Amartey brought separate actions against Social Security Bank and others challenging the wrongful sale of their respective properties following loan defaults by Yetrama Fisheries Ltd., a company chaired and managed by Amartey, which had mortgaged property as security for a loan from the bank. The bank sold multiple properties, including those owned by Robertson and Amartey, to satisfy outstanding debts after judicial sales were ordered. Robertson claimed her property was wrongfully sold as she was not indebted to the bank. Amartey contended that proper demand and court orders were not obtained before sales and that the guarantee terms were varied, releasing him from liability.

JUDGMENT OF AMPIAH J.A. On 23 September 1982 one Georgina Ayorkor Robertson instituted action against the Social Security Bank and Aliman Imoru for a declaration that the sale of her house, No. 918 Kaneshie Estate, Accra was wrongful and that the said sale should be set aside. She also claimed for damages for wrongful sale. This suit was numbered 982/82. One Cornelius Dorkunor later applied to be joined and was joined as a defendant. On 23 October 1982 one Sheikh Ibrahim Amartey, also known as Godlove Amartey Boyefio, instituted action against the Social Security Bank, Aliman Imoru and Aye Shetu and Madam Asare, also for a declaration that the sale of his premises No. 919, Kaneshie Estate, Accra by the first and second defendants was wrongful and should be set aside. He also claimed for damages for wrongful sale, mesne profits and an order of ejectment against the second and third defendants. The suit was numbered 983/82. On 14 December 1982, Sheikh Ibrahim Amartey, ...