PETER BARBOZA HOVOR vs. JOANA OCRAN AND AGRICULTURAL DEVELOPMENT BANK [2013]DLCA4959

Date	2013-12-19
Suit No.	CIVIL APPEAL: SUIT NO.: H1/204/2013
Citation No.	[2013]DLCA4959

KUSI-APPIAH J. A (PRESIDING)

P. K. GYAESAYOR J. A

DZAMEFE J.A

[2013]DLCA4959
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													<main id="main" class="content" style="min-height: 60rem" >PETER BARBOZA HOVOR<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>JOANA OCRAN AND
AGRICULTURAL DEVELOPMENT BANK<o:p></o:p>(DEFENDANTS/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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CIVIL
APPEAL: SUIT NO.: H1/204/2013&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;DECEMBER
19, 2013&nbsp;&nbsp; <o:p></o:p>

</div>CORAM:<o:p></o:p>KUSI-APPIAH J. A (PRESIDING), P. K.
GYAESAYOR J. A, DZAMEFE J.A<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="margin-bottom:0in;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>KUSI-APPIAH,
J.A:<o:p></o:p>This is an appeal against the ruling of an
Accra High Court, presided over by Mrs. Doris Bempong J. delivered on the 3rd
day of July 2012, refusing an application for stay of execution mounted by the
defendant/appellant against the decision of the District Court, James Town,
Accra in favour of the plaintiff/respondent.&nbsp;
I will refer to the parties in the manner they appeared at the court
below.<o:p></o:p>By its decision, the District Court, James
Town, Accra had granted the plaintiff’s claim for:-<o:p></o:p>“1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
return of his title deeds to him from 1st Defendant forthwith.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages
of GH¢4,000 against the 1st Defendant for the keeping of plaintiff’s
indenture with her after using it to obtain loan from the Bank without his
knowledge in 2002.<o:p></o:p>3.&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages of GH¢1,000 against the Bank for
extending facility without the knowledge of the plaintiff in the year 2002.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Costs
of GH¢2,000 against the 1st and 2nd defendants jointly
and severally.”<o:p></o:p>The case of the plaintiff as gathered from
his pleadings and evidence at the trial was that upon a request by the 1st
defendant, he mortgaged his title deeds to his house situated at Teshie Nungua
Estates, Accra on or about 22nd October 2001, as collateral to the 2nd
defendant Bank for a credit facility of ¢3 billion old Ghana Cedis now GH¢300,000
to the 1st defendant.<o:p></o:p>According to the plaintiff the 1st
defendant made an undertaking in Exhibits “E” and “F” to return his title deeds
to him after the facility is liquidated.&nbsp;
However, the 1st defendant failed to honour her said
undertaking when she settled her indebtedness with the Bank.&nbsp; Plaintiff contended that instead, the 1st
Defendant went in for further loan facilities using his property as an
indemnity without his consent.&nbsp; To
vindicate his rights, the plaintiff brought this action against the 1st
defendant and 2nd defendant Bank claiming the reliefs endorsed on
the writ of summons on 17th day of February, 2005.<o:p></o:p>By way of reply, the 1st
defendant stated that in the year 2002, the plaintiff gave up his title deeds
to an Incorporated Association called Mayekom Na Mehwe Onyame Cloth Sellers
Association for which the plaintiff’s wife was a member to assist the
Association obtain a bulk loan from the 2nd defendant to the benefit
of the members of the Association including the wife of the plaintiff.<o:p></o:p>According to the 1st Defendant
the title deeds were tied to the indebtedness of the wife of the plaintiff to
the Association and that the Association agreed to return the document to the
plaintiff immediately the wife of the plaintiff liquidated all her debt to the
Association as well as the debts of those the wife had stood as guarantor in
connection with monies given to such persons by the Association <o:p></o:p>The 1st defendant strongly
contended that the plaintiff dealt with the Association which is an
incorporated body and thus a legal entity.&nbsp;
And as a legal entity, the Association acts through its officers i.e.
President or Chairman in dealing with the 2nd defendant bank.&nbsp; The result is that the 1st
defendant has been wrongly sued in this action.<o:p></o:p>For their part, the 2nd defendant
averred that on or about 22nd October 2001 the Bank granted a
facility of Gh¢300,000 to the Association through the 1st defendant
who is a customer of the Bank, Ring Road Central, Accra.<o:p></o:p>The 2nd defendant alleged that
the facility was secured by a building property of th</main>