[2013]DLCA8095 • April 18, 2013 • Court of Appeal
JOHNSON ANGMOR TETTEH (DECEASED) SUBSTITUTED BY WEKUMATSE TETTEH (DEF/APPELLANT) vs. PASTOR HAYFORD LARSON
The plaintiff/respondent obtained a judgment against the deceased defendant Johnson Angmor Tetteh for GH¢13,290.80. Upon attempting to execute the judgment, the plaintiff identified a house belonging to the deceased but before attachment could proceed, the defendant died on 7 May 2010. The plaintiff sought to substitute the deceased defendant with Wekumatse Tetteh, the head of the deceased's family, to continue execution against the estate.
read moreAYEBI J.A. This appeal is against the ruling of an Accra High Court dated 30th November, 2011. In the said ruling the trial judge granted the application of the plaintiff/respondent to substitute the Wekumatse Tetteh Okudum for the deceased defendant Johnson Angmor Tetteh. The background to that application for substitution is that the plaintiff/respondent obtained a judgment on 22nd June 2007 against the deceased defendant Johnson Angmor Tetteh for the sum of ¢132,998.048 (GH¢13,290.80). In his bid to execute the judgment, plaintiff/respondent served an entry of judgment followed by a writ of fi:fa on the deceased defendant. Some movable properties of the deceased attached and auctioned only fetched GH¢1,668.42. The plaintiff/respondent identified a house at Tema as the property of the defendant. But before the plaintiff/respondent could proceed to attach the house, the defendant died on 7th May 2010. It is the case of the plaintiff/respondent that the action survives...