EBENEZER DARKWA AND ELIZABETH DARKWA vs. ADONTENG COMMUNITY BANK LTD.

HONYENUGA JSC:- This appeal is essentially against the judgment of the Court of Appeal which was delivered on the 26th January, 2020. The Court of Appeal allowed the appeal and set aside the Judgment of the High Court. In this appeal, the Plaintiffs/Appellants/Respondents would be referred to as the first and second Respondents and the Defendant/Respondent/Appellant as the Appellant. The background of this appeal is not complex. On the 7th October 2014, the appellant issued out a writ of summons against the 1st respondent and two others at the High Court, Koforidua claiming from them jointly and severally the recovery of an amount of GH¢128,167.04 and interest on the said amount from the 1st August, 2014 to the date of judgment. Summary judgment was applied for and entered in favour, of the appellant herein. With judgment entered in their favour the appellant attached the Engen Petrol Filling Station fitted with pumps at Old Tafo along the Koforidua - Kumasi road, Toyota Taco....