AMARTEY v. SOCIAL SECURITY BANK LTD. AND OTHERS vs. ROBERTSON (CONSOLIDATED) [1988]DLSC695

Date	1988-03-11
Suit No.
Citation No.	[1988]DLSC695

AMUA-SEKYI J.S.C

AMPIAH JA

LAMPTEY J.A.

NII ODOI ANNAN (WITH HIM KOFI ACQUAH) FOR THE JUDGMENT DEBTOR.

JAMES AHENKORAH FOR THE SOCIAL SECURITY BANK

[1988]DLSC695
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													<main id="main" class="content" style="min-height: 60rem" >AMARTEY v. SOCIAL SECURITY BANK LTD. AND OTHERS <o:p></o:p>vs. <o:p></o:p>ROBERTSON (CONSOLIDATED) <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 1 GLR 497<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE
11 MARCH 1988<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">

NII ODOI ANNAN (WITH HIM KOFI ACQUAH) FOR THE
JUDGMENT DEBTOR. <o:p></o:p>

JAMES AHENKORAH FOR THE SOCIAL SECURITY BANK<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">

AMUA-SEKYI J.S.C., AMPIAH AND LAMPTEY
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMPIAH J.A.<o:p></o:p>On 23
September 1982 one Georgina Ayorkor Robertson instituted action against the
Social Security Bank and Aliman Imoru for a declaration that the sale of her
house, No. 918 Kaneshie Estate, Accra was wrongful and that the said sale
should be set aside. She also claimed for damages for wrongful sale. This suit
was numbered 982/82. One Cornelius Dorkunor later applied to be joined and was
joined as a defendant.<o:p></o:p><o:p>&nbsp;</o:p>On 23 October
1982 one Sheikh Ibrahim Amartey, also known as Godlove Amartey Boyefio,
instituted action against the Social Security Bank, Aliman Imoru and Aye Shetu
and Madam Asare, also for a declaration that the sale of his premises No. 919,
Kaneshie Estate, Accra by the first and second defendants was wrongful and
should be set aside. He also claimed for damages for wrongful sale, mesne
profits and an order of ejectment against the second and third defendants. The
suit was numbered 983/82.<o:p></o:p><o:p>&nbsp;</o:p>On 14
December 1982, Sheikh Ibrahim Amartey, the plaintiff in suit No. 983/82,
brought yet another action against the Social Security Bank and Charles Faakye
Amporful for a declaration that the sale of his houses Nos. B384/7 and B384A/7
(otherwise numbered by the Housing Corporation as 196A Teiko Akotia Street,
Kaneshie, Accra) was wrongful and should be set aside. He also asked for an
order staying an order of possession and ejectment made by the court on 17 August
1981, and for damages for wrongful sale. This suit was numbered 1246/82.<o:p></o:p>By an
order of the trial court, these cases were consolidated for trial on 10 April
1984. On 15 March 1985 the learned trial judge delivered three separate
judgments in the three consolidated cases. He gave judgment for the plaintiff
in suit No. 982/82 and awarded her damages of ¢5,000 against the first
defendant with costs of ¢3,000. He dismissed both claims of the plaintiff in
suits Nos. 983/82 and 1246/82 and in each awarded costs of ¢3,000 against the
plaintiff. The defendants in suit No. 982/82 have appealed against the judgment
and the plaintiff in both suits Nos. 983/82 and 1246/82 has also appealed
against the dismissal of his actions.<o:p></o:p><o:p>&nbsp;</o:p>The facts
which gave rise to these actions are that in October 1977 or thereabout Yetrama
Fisheries Ltd., a limited liability company, took a loan of ¢254,556.55 from
the Social Security Bank. As security for the repayment of the loan, Sheikh
Ibrahim Amartey, known also as Godlove Amartey Boyefio, the chairman and
managing director of the company, mortgaged his house No. 919 Kaneshie Estate,
Accra. When the company failed to repay the loan as agreed upon, the bank
applied to the court by action for judicial sale of the house. Judgment was
given for the bank and in execution thereof, the mortgagor’s, i.e. Sheikh
Ibrahim Amartey’s, house—No. 919, Kaneshie Estate, Accra was sold. The proceeds
of the sale of this house was not sufficient to satisfy the judgment debt and
costs. Consequently, since Sheikh Ibrahim Amartey and Alhaji Bashiru Kwaw
Swanzy had guaranteed the repayment of the loan, the bank instituted action
against these two persons to recover the balance of ¢179,000 outstanding.
Judgment was given in favour of the bank and in execution thereof, house No.
918, Kaneshie Estate, Accra, the property of Georgina Ayorkor Robertson, the
wife of Sheikh Ibrahim Amartey and twin house Nos. B384/7 and B384A/7 Teiko
Akotia Street, belonging to Sheikh Ibrahim Amartey, were sold. Georgina Ayorkor
Robertson contended that since she was not in any way in debted to the bank,
her property could not be sold. Hence her action against the bank. Sheikh
Ibrahim Amartey on the other hand contended that even though he had mortgaged
his said house (i.e. No. 919 Kaneshie Estate, Accra), the house could only be
sold after a proper demand had been made on him and also, a proper order for
the sale had been made by the court. He contended further that since the bank
had given the Yetrama Fisheries Ltd. more time to pay and also the amount
demanded was more than what he and Alhaji Bashiru Kwaw Swanzy had guaranteed,
there was variation of the guarantee, so the bank could not enforce the payment
of the balance of ¢179,000 outstanding against them. The sale of his two houses
was wrongful and should be set aside.<o:p></o:p><o:p>&nbsp;</o:p>