DUODU AMOO AND MADAM NAADU vs. BERNARD NIMAKO AKOWUAH AND SAMUEL NII OTU ANKRAH [2012]DLSC2614

Date	2012-01-13
Suit No.	CIVIL APPEAL NO. J4/36/2011
Citation No.	[2012]DLSC2614

WOOD (MRS.) C.J (PRESIDING)

BROBBEY JSC

OWUSU (MS.) JSC

YEBOAH JSC

BONNIE JSC

KWAMENA BAIDEN FOR THE 1ST APPELLANT.

ALBERT ADAARE FOR THE 2ND RESPONDENT.

[2012]DLSC2614
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													<main id="main" class="content" style="min-height: 60rem" >DUODU AMOO AND MADAM
NAADU<o:p></o:p>vs.<o:p></o:p>BERNARD NIMAKO AKOWUAH
AND SAMUEL NII OTU ANKRAH<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J4/36/2011&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: 13TH
JANUARY, 2012<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>KWAMENA BAIDEN FOR THE 1ST
APPELLANT.<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">

ALBERT
ADAARE FOR THE 2ND RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p>WOOD
(MRS.) C.J (PRESIDING), BROBBEY JSC, OWUSU (MS.) JSC, YEBOAH JSC, BONNIE JSC<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
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</div><o:p>&nbsp;</o:p>ANIN
YEBOAH, JSC;<o:p></o:p>The facts of this appeal appear not to be in
serious controversy.&nbsp; One Samuel Nii Otoo
Ankrah commenced an action against one Joshua Kpakpo Allotey at the High Court,
Accra.&nbsp; Before the case could be disposed
of the plaintiff Samuel Nii Otoo Ankrah applied for absconding warrant against
the said Joshua Kpakpo Allotey as he had information that he was preparing to
leave the jurisdiction.&nbsp; It was granted
by Her Ladyship Justice Emelia Aryee.<o:p></o:p><o:p>&nbsp;</o:p>The claim was for refund of an amount of US$8,
850.&nbsp; The defendant in that case was
arrested with the warrant and was granted bail in the sum of ¢1,500,000.00 with
two sureties.<o:p></o:p>Two persons namely: Eugene Darko Amoako and
Benjamin Akwei Allotey executed bail bonds as sureties for Joshua Kpakpo
Allotey.&nbsp; The two bail bonds were
tendered in evidence at the trial court in this case.&nbsp; The two sureties were named in exhibits F1
and F2.&nbsp; Exhibit F was the bail bond
while exhibits F1 and F2 were the justification of sureties’ forms.&nbsp; Exhibit F2 which&nbsp; was executed on the 3/12/1987 the same day
exhibits F and F1 were executed, was amended by the cancellation of the name and
residential address of Benjamin Akwei Allotey and the insertion thereof of the
name of ADJIN OKWABI with his residential address.&nbsp; There were other serious irregularities
bordering on the thumbprint affixed to exhibit F2 and signature of Benjamin
Akwei Allotey which was made before the purported amendment.<o:p></o:p><o:p>&nbsp;</o:p>It was apparent that even though the name Benjamin
Akwei Allotey was cancelled, his signature as one of the two sureties
stood.&nbsp; Be that as it may, the case
against the said Joshua Kpakpo Allotey ended with a summary judgment by which
the defendant in that suit Joshua Kpakpo Allotey was adjudged to pay an amount
of ¢2,508,903.28 inclusive of interest and cost.<o:p></o:p><o:p>&nbsp;</o:p>In the process of levying execution of the judgment
against Joshua Kpakpo Allotey, H/№ B182/12 Odorkor, Accra owned by Adjin Okwabi
at the time was sold at a public auction and purchased by one B.N.AKOWUAH who
is the appellant in this appeal.&nbsp; The
respondent herein who described herself as the beneficiary of the property sold
at the auction brought an action at the High Court, Accra to set aside the writ
of possession which culminated in the sale, declaration of title and recovery
of possession of the auctioned house and other ancillary reliefs.<o:p></o:p>The statement of claim and the evidence led appeared
to be very brief.&nbsp; In the statement of
claim the respondent herein pleaded that in suit number&nbsp; 3626/87, one Samuel&nbsp; Nii Otu Ankrah as plaintiff was adjudged to
recover a certain amount of money as judgment debt from Joshua Kpakpo Allotey
as defendant in a suit at the High Court, Accra.&nbsp; It was further pleaded that the entire
judgment debt was paid to the said Samuel Nii Otu Ankrah
(defendant/judgment-creditor), nevertheless he proceeded to levy execution
against the property of Adjin Okwabi ostensibly to satisfy the judgment debt. <o:p></o:p>The auction of the house numbered as B. 182/12
Odorkor, Accra took place and same was bought by one Bernard Nimako
Ankowuah&nbsp; The evidence of the respondent
sought to establish the relationship between her later father Adjin Okwabi and
Joshua Kpakpo Allotey as uncle and a nephew.&nbsp;
It does appear that the respondent herein is the cousin of Joshua Kpakpo
Allotey.&nbsp; It was contended in her
evidence that the entire judgment debt was paid before the auction sale was
conducted out of which the appellant herein bought the house in dispute. <o:p></o:p>&nbsp;The
defendant/judgment-debtor in the earlier suit one Joshua Kpakpo Allotey also
gave evidence for the respondent herein and sated that he had to complete
exhibits F, F1 and F2 in connection with the bail and was advised not to leave
the jurisdiction until the said suit had been determined.<o:p></o:p>It was to secure h</main>