DUODU AMOO AND MADAM NAADU vs. BERNARD NIMAKO AKOWUAH AND SAMUEL NII OTU ANKRAH

Samuel Nii Otoo Ankrah sued Joshua Kpakpo Allotey for refund of US$8,850 at the High Court, Accra. An absconding warrant was issued against Allotey, who was arrested and granted bail with two sureties. The bail bonds included irregularities, notably an amendment substituting one surety's name without proper execution. The case ended with a summary judgment ordering Allotey to pay ¢2,508,903.28. Execution led to the auction sale of a property owned by Adjin Okwabi, purchased by Bernard Nimako Akowuah (appellant). The respondent, beneficiary of the property, claimed the judgment debt was fully paid before the sale and sought to set aside the writ and sale. The trial court and Court of Appeal found the debt was fully paid before execution, the sale unlawful, and the bail bond irregular, declaring the sale void and dismissing the appellant's claims.

ANIN YEBOAH, JSC; The facts of this appeal appear not to be in serious controversy. One Samuel Nii Otoo Ankrah commenced an action against one Joshua Kpakpo Allotey at the High Court, Accra. Before the case could be disposed of the plaintiff Samuel Nii Otoo Ankrah applied for absconding warrant against the said Joshua Kpakpo Allotey as he had information that he was preparing to leave the jurisdiction. It was granted by Her Ladyship Justice Emelia Aryee. The claim was for refund of an amount of US$8, 850. The defendant in that case was arrested with the warrant and was granted bail in the sum of ¢1,500,000.00 with two sureties. Two persons namely: Eugene Darko Amoako and Benjamin Akwei Allotey executed bail bonds as sureties for Joshua Kpakpo Allotey. The two bail bonds were tendered in evidence at the trial court in this case. The two sureties were named in exhibits F1 and F2. Exhibit F was the bail bond while exhibits F1 and F2 were the justification of sureties’ forms...