WILSON KOFI KUTSOKEY vs. E. SOWA NARTEY MR. TAGOE AND SAMUEL TANDOH [2004]DLCA6776

Date	2004-04-02
Suit No.	H1/97/2004
Citation No.	[2004]DLCA6776

ARKYE J. A. [PRESIDING]

TWENEBOAH-KODUAH J.A.

ASIAMAH J.A.

[2004]DLCA6776
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													<main id="main" class="content" style="min-height: 60rem" >WILSON KOFI
KUTSOKEY<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>E. SOWA
NARTEY<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p>MR. TAGOE
AND SAMUEL TANDOH<o:p></o:p>(CO-DEFENDANT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">H1/97/2004&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 2ND APRIL, 2004<o:p></o:p>

FARKYE J. A. [PRESIDING], TWENEBOAH-KODUAH
J.A., ASIAMAH J.A.<o:p></o:p>

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</div>FARKYE,
J.A. <o:p></o:p>This
judgment is in respect of an appeal against the ruling of His Honour Anthony
Oppong, Circuit Court Judge, Accra, sitting on the 22nd day of October, 2003.
The facts leading to the bringing of this appeal are that, on the 30th day of
May, 2003 an advert appeared in the Ghanaian Times announcing that a public
auction sale was going to take place on the 3rd day of June, 2003. The
Co-Defendant/appellant attended the said public auction sale, put in a bid and
was adjudged the highest bidder. After complying with all the statutory
requirements, the Co-Defendant/Appellant was subsequently issued with a
Certificate of Purchase by the Circuit Court. <o:p></o:p>On
the 9th day of July, 2003, His Honour Kwadwo Owusu sitting at the Circuit Court
Accra, granted an Order for the repossession of the unnumbered house now
described by the Plaintiff/Respondent as plot No. 15 Community 16, Lashibi,
which was the subject matter of the said public auction sale and which is the
subject matter of the present suit. <o:p></o:p>On
the 7th day of August, 2003, pursuant to the Order made on the 9th July, 2003,
all the occupants of the house plot No. 15, Community 16, Lashibi including
Edmund Kwame Kutsokey, the judgment debtor, were lawfully ejected and the
Co-Defendant/Appellant put into lawful possession of the said house. <o:p></o:p>Later
the same day i.e. 7th day of August, 2003, the said Edmund Kwami Kutsokey and
others in flagrant disregard of the Order of His Honour Judge Kwadwo Owusu
unlawfully moved back the re-took possession of the said house No. 15, Community
16, Lashibi. <o:p></o:p>Before
the Co-Defendant/Appellant could take any legal action against the
Plaintiff/Respondent, the Plaintiff/Respondent filed another suit in another
Circuit Court challenging the public auction sale, which was validly and
lawfully conducted. <o:p></o:p>When
the Plaintiff/Respondent took the action at the Circuit Court, he applied for
and obtained on the 9th day of September 2003, an Order of Interim Injunction
granted by His Honour Judge Anthony Oppong also a Circuit Judge. This interim
injunction restrained the Defendants and their agents from ejecting the
Plaintiff/Respondent from the said house into which the [the
Plaintiff/Respondent] had moved. This was in flagrant disregard of the Order of
His Honour Kwadwo Owusu made on the 9th day of July, 2003 <o:p></o:p>Dissatisfied
with the said order of interim injunction, the Co-Defendant/Appellant filed a
Motion on Notice to vacate the order of Interim injunction granted on the 9th
day of September, 2003. <o:p></o:p>On
the 22nd day of October, 2003, the said motion was argued by Counsel for both
parties and the Circuit Judge declined to grant the motion to vacate the order
of the Interim Injunction granted on the 9th day of September, 2003. <o:p></o:p>Not
satisfied with the ruling of the Circuit Court dated 22nd day of October, 2003,
the Co-Defendant/Appellant has appealed to the Court of Appeal to set aside the
said ruling. <o:p></o:p>The
only ground of appeal filed by the Learned Counsel for the
Co-Defendant/Appellant is as follows:— <o:p></o:p>The
Circuit Judge erred in refusing to vacate its order or Interim injunction dated
the 9th day of September, 2003 in flagrant disregard to the Order of possession
dated 9th day of June, 2003, made by His Honour Mr. Kwadwo Owusu, Circuit Judge
in respect of the same subject matter. <o:p></o:p>On
Friday May, 30th 2003 there was an advertisement in the Ghanaian Times that
there was going to be an auction sale of unnumbered house at Lashibi near
Sakumono, Accra property of Edmund Kwami Kutsokey Judgment/Debtor. The auction
sale was to come on the 3rd day of June, 2003 at 10.00 a.m. The sale was
ordered by Circuit Court “B” Accra. <o:p></o:p>The
Co-Defen</main>