[2011]DLSC17780 • May 13, 2011 • Supreme Court •
DJOKOTO & AMISSAH vs. BBC INDUSTRIALS CO (GHANA) LTD & CITY EXPRESS BUS SERVICES LTD
The appellants, senior officers of City Express Bus Services Ltd, occupied two houses legally owned by their employer. The company was sued by Rana Motors and Metal Works Engineering Co Ltd, which obtained a judgment debt and levied execution by attaching and selling the two houses to BBC Industrials Co Ghana Ltd. The appellants claimed beneficial ownership and occupation rights, refusing to vacate after the sale. They commenced action against BBC Industrials seeking reliefs related to possession and ownership.
read moreJUDGMENT ANIN YEBOAH JSC This court on 11 May 2011 dismissed the appeal and reserved our reasons for so doing. We proceed to give our reasons. The facts of the case The appellants, Livingston Djokoto and John Wallace Amissah, were senior officers of the second defendant-respondent company, City Express Bus Services Ltd. The company was sued by Rana Motors and Metal Works Engineering Co Ltd, which was adjudged to recover an amount of money from the company as judgment debt. The judgment creditor, Rana Motors, proceeded to levy execution by a writ of fi.fa against the second defendant-respondent company by attaching two houses described as House No 17 and 24 all at Community 3,tema to sell to satisfy the judgment debt. The two houses were, indeed, sold 10 BBC Industrials Co (Ghana) Ltd, the first defendant-respondent, at a public auction. The appellants claimed that at the time the houses were sold they were the occupants. It was also the case of the appellants that at t....