REPUBLIC vs. ACCRA CIRCUIT COURT JUDGE; EX PARTE ASHANTI FURNITURE CO., LTD [1976]DLHC425

Date	1976-04-14
Suit No.
Citation No.	[1976]DLHC425

EDUSEI J.

F. W. OBENG FOR THE APPLICANTS.

DEEGBE FOR THE RESPONDENT.

[1976]DLHC425
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>ACCRA CIRCUIT COURT JUDGE; EX PARTE ASHANTI FURNITURE CO., LTD<o:p></o:p>&nbsp;[HIGH
COURT, ACCRA]<o:p></o:p>[1976] 2 GLR 393<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
14 APRIL 1976.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

F. W. OBENG FOR THE APPLICANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

EDUSEI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDUSEI J.<o:p></o:p>This is an
application by the Ashanti Furniture Co., Ltd. praying for an order of
certiorari to quash the decision of the Circuit Court A, Accra, dated 25 April
1975. This decision permitted one Mr. Seth Okra to go into execution against
the Ashanti Furniture Co., Ltd. who were not a party to the proceedings that
culminated in favour of the said Mr. Seth Okra.<o:p></o:p><o:p>&nbsp;</o:p>I think
it is necessary for the proper elucidation of the ruling about to be given to
state briefly the history of the case leading to the making of the order of 25
April 1975. In a case entitled Seth Okra v. Antwi Boasiako (suit No. 609/72)
the plaintiff, Mr. Seth Okra, was claiming the sum of ¢6,088,66 being the value
of sawn timber sold and delivered by the defendant, acting for the plaintiff,
to the Ashanti Furniture Co., Ltd. But before this suit No. 609/72, Mr. Antwi
Boasiako in suit No. 238/72, as plaintiff sued the Ashanti Furniture Co., Ltd.
for ¢6,088.66 being balance due and owing in respect of sawn timber sold and
delivered to the Ashanti Furniture Co., Ltd. Mr. Antwi Boasiako obtained
judgment against the Ashanti Furniture Co., Ltd. for the said amount with
¢500.00 costs on 3 May 1972. Mr. Antwi Boasiako went into execution by
attaching two vehicles of the Ashanti Furniture Co., Ltd. and on an application
by the Ashanti Furniture Co., Ltd., a stay of execution was granted and
instalment payments ordered. Mr. Antwi Boasiako appealed against the order of
the stay of execution and payment by instalment and also wrote a letter to the
Ashanti Furniture Co., Ltd. warning them that if they paid the monthly
instalment to any other person than himself, they did so at their own risk.
During the first week in March 1973, Mr. Antwi Boasiako negotiated and accepted
a lump sum of ¢4,337.11 in full discharge of the judgment debt, after the
Ashanti Furniture Co., Ltd. had previously paid a total sum of ¢1,350.00 to him
by July 1972. According to the affidavit of the company,<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“the
settlement between the Ashanti Furniture Co., Ltd. and Mr. Boasiako was binding
on Mr. Seth Okra because he was an undisclosed principal as far as the
transaction between the Ashanti Furniture Co., Ltd. and Mr. Boasiako was
concerned.”<o:p></o:p><o:p>&nbsp;</o:p>This
averment has not been denied by the said Mr. Seth Okra. In fact, there is no
affidavit in opposition to this application from Mr. Seth Okra.<o:p></o:p>The
appeal coming on for hearing in the presence of Mr. Antwi Boasiako in the Court
of Appeal, it was struck out as settled on 29 March 1973. On the following day,
30 March 1973, an order of the Circuit Court A, Accra, was served on the
Ashanti Furniture Co., Ltd. This order dated 26 March 1973 asked the Ashanti
Furniture Co., Ltd. to pay into court “all moneys due and owed to Mr. Antwi
Boasiako.” This order is headed:<o:p></o:p>&nbsp;“Order for interim attachment” and it was
given in suit No 609/72 titled, Seth Okra v. Antwi Boasiako. It does appear
that the Ashanti Furniture Co., Ltd. did not comply with the order of 26 March
1973 and on 14 November 1973 the solicitor of Mr. Seth Okra wrote to the
Ashanti Furniture Co., Ltd. drawing their attention to the court’s order of 26
March 1973 and reminding them also that their refusal to comply with the said
order amounted to contempt: see exhibit B. The solicitor of the Ashanti
Furniture Co., Ltd. also wrote on 20 November 1973 explaining that there was no
money due to Mr. Antwi Boasiako which could be paid into court at the time the
order was made on 26 March 1973 and served on his clients on 30 March 1973: see
exhibit C. Apparently, the Ashanti Furniture Co., Ltd. had settled their judgment
debt and costs with Mr. Antwi Boasiako by 7 March 1973 and this led to the
striking out of the appeal in the Court of Appeal on 29 March 1973. However, on
14 April 1975 Mr. Seth Okra had judgment against Mr. Antwi Boasiako with costs.
On 25 April 1975, Mr. Seth Okra, the judgment creditor went by garnishee
proceedings against the bankers of Mr. Antwi Boasiako but there was nothing in
the bank which could be ordered for payment of the judgment debt. On the same
day, 25 April 1975, Mr. Seth Okra applied by motion to go into execution
against the Ashanti Furniture Co., Ltd., the applicants herein, who were not a
party to suit No. 609/72. The basis of Mr. Seth Okra’s application can be
gleaned from the affidavit in support thereof and I quote it in full:<o:p></o:p>