SACHIA 9 & CO. LTD. vs. PAUL KENNEDY TAWIAH [2016]DLCA5142

Date	2016-01-14
Suit No.	NO. H1/129/15
Citation No.	[2016]DLCA5142

OFOE J.A. (PRESIDING)

KORBIEH J.A.

WELBOURNE (MRS) J.A.

KWASI BLAY FOR PLAINTIFF/JUDGMENT-CREDITOR APPELLANT

KIN HUSSEIN IBIN ALHASSAN FOR DEFENDANT/JUDGMENT-DEBTOR/RESPONDENT

[2016]DLCA5142
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													<main id="main" class="content" style="min-height: 60rem" >SACHIA 9 &amp; CO. LTD.<o:p></o:p>(PLAINTIFF/JUDGMENT-CREDITOR/APPELLANT)<o:p></o:p>vs.<o:p></o:p>PAUL KENNEDY TAWIAH<o:p></o:p>(DEFENDANT/JUDGMENT-DEBTOR/RESPONDENT)<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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</div>CORAM:
-&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>OFOE
J.A. (PRESIDING), KORBIEH J.A., WELBOURNE (MRS) 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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</div>WELBOURNE
(MRS), J.A.<o:p></o:p>This is an appeal against the ruling
of the High Court dated 9th June 2014.<o:p></o:p>The
facts briefly are that the Plaintiff obtained judgment against the Defendant on
11th June 2013 where the judge entered judgment as follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Plaintiff is to recover the sum of Two
Hundred Million cedis (GH¢20,000.00) from the Defendant.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Interest on the said sum of GH¢20,000.00
from April 2005 till date of payment. <o:p></o:p>The counterclaim of the defendant fails. Cost of GH¢2,000
awarded in favour of the Plaintiff and against the defendant.<o:p></o:p>The
record shows that the solicitors on the record, G.A. Sarpong &amp; Co filed
Judgment after Trial on 2nd July 2013. The total recoverable
judgment debt was stated as GH¢56,000.00. On 26th
August 2013, the Plaintiff’s solicitors issued a Praecipe for Writ of FI FA to
execute the said judgment debt. It seems to me that from that date and reading
the record, the parties attempted to settle out of court. To that extent, the Defendant
made a payment of GH¢20,000.00 as part of his indebtedness.<o:p></o:p>Then
on the record, we find an application on notice for Reserved Price filed by
different solicitors for the Plaintiff in the person of Kwasi Blay Esq. on the
13th January 2014 with a return date stated for 27th
January 2014. <o:p></o:p>Interestingly,
the affidavit in opposition to the application was filed on 4th June
2014, almost six months after the Motion was filed. In the affidavit in
opposition the deponent deposed to several facts among which in paragraph 4 he
stated that at all material times the solicitors who had conduct of the case
were G.A. Sarpong &amp; Co. That an appeal was filed by defendant against the
judgment of the Trial court dated 11th June 2012. Soon after, the
parties entered into negotiations to settle the matter so as to mitigate losses
on both sides. In paragraph 9 of the affidavit in opposition he stated that the
attempts at settlement were without prejudice to the appeal filed and that if
there was no resolution, then the appeal would be pursued. It was whilst
negotiations was on-going that on 31st December 2013 bailiffs of the
court attached his property, namely the Mercedes Benz ML, the subject of the
application. When the Plaintiff’s Solicitors were contacted, they denied
knowledge of the said attachment and expressed their surprise. The defendant
then filed an application for stay of execution of the judgment and served same
on G.A. Sarp</main>