DANIEL KWARTENG vs. KWAME KUMA vs. JANET ASIEDU [2011]DLHC8476

Date	2011-06-01
Suit No.	SUIT NO. C2/229/08
Citation No.	[2011]DLHC8476

HIS LORDSHIP JUSTICE JACOB B. BOON

WILLIAM KUSI FOR THE APPLICANT

ASANTE KROBEA FOR THE PLAINTIFF/RESPONDENT

[2011]DLHC8476
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >DANIEL KWARTENG<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>KWAME KUMA<o:p></o:p>(DEFENDANT)<o:p></o:p>vs.<o:p></o:p>JANET ASIEDU<o:p></o:p>(APPLICANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C2/229/08&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; &nbsp; &nbsp;DATE:
1ST JUNE, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>WILLIAM
KUSI FOR THE APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ASANTE
KROBEA FOR THE PLAINTIFF/RESPONDENT<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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>On 22nd June, 2010, this court entered
judgment in favour of the plaintiff/respondent, to be referred to as the
plaintiff, in a suit he instituted against the defendant for the recovery of an
amount of ¢145 million (Old Cedis) being outstanding balance of various sums of
money he advanced to the defendant as financial assistance. He also claimed the
recovery of US $500.00 he gave to the defendant to purchase necklace ornaments
from South Korea but which the defendant failed to purchase and has not
returned the amount despite repeated demands. During the pendency of the suit,
the plaintiff applied for and was granted an order to arrest the defendant on
absconding warrant. The applicant herein, who is the wife of the defendant, and
another, provided surety for his bail.<o:p></o:p><o:p>&nbsp;</o:p>After the entry of judgment was served on 22nd
July, 2010 on the counsel for the defendant, the plaintiff proceeded to attach
some properties of the applicant in satisfaction of the judgment debt. The
reason he assigned for executing the judgment against the property of the
applicant was contained in paragraphs 3 to 7 of his affidavit when he filed an ex-parte
application for leave to attach the said properties. The said paragraphs are
reproduced in detail hereunder as follows:<o:p></o:p><o:p>&nbsp;</o:p>“3.
That this Honourable Court on 14th January, 2008 ordered an
absconding warrant to be issued for the arrest of the Defendant.<o:p></o:p>4.
That after the defendant had been admitted to bail his wife Mrs. Janet Kuma and
one Kwame Frimpong stood surety for him. A copy of the Bond is hereby annexed
as Exhibit “DK1”.<o:p></o:p>5.
That this Honourable Court had long delivered judgment in my favour and the
entry of judgment has been served.<o:p></o:p>6.
That the defendant is not in the country and never appeared in court during the
trial.<o:p></o:p>7.
That I am advised by counsel and verily believe same to be true that the
essence of the Bond executed by Mrs. Janet Kuma is to make good any judgment
that may be entered against the defendant.”<o:p></o:p><o:p>&nbsp;</o:p>The applicant is now court praying for an order to set
aside the execution of the judgment against her property. She admitted she
stood surety for the defendant when he was arrested on the absconding warrant,
but averred her obligation under the bond was to ensure the appearance of the
defendant in court for the trial of the suit instituted against him. Under these
circumstances, she deposed tha</main>