APPRO GHANA LIMITED v. MICHAEL ASANTE AKUFFO & ORS, CLAIMANTS/APPELLANTS: GENEVIEVE A. AWERE & ORS
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI JA (PRESIDING)
- SENYO DZAMEFE JA
- WELBOURNE (MRS.) JA
Areas of Law
- Civil Procedure
- Tort Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
After a mediated High Court judgment for GH2544,000 plus interest in favour of the Execution Creditor, execution steps led to the attachment of properties claimed by Genevieve A. Awere, Top Principles Limited, Nice Things Limited, Gloria Ofosu Koranteng and Akwasi Appiah. The Registrar interpleaded. The High Court found the attachments wrongful and that the Claimants suffered loss, but refused damages and directed a fresh suit, despite having assessed the losses. On appeal, Aduama Osei JA, presiding, explained the nature of interpleader and held that awarding damages is conceptually compatible with such proceedings. Applying a purposive interpretation of Order 44 rule 13(4) in the context of CI 47 and its mandate to avoid multiplicity of proceedings, the Court of Appeal concluded that the trial court erred. Invoking the rehearing principle, the Court directly awarded general damages and interest to each Claimant based on the record: GH7,360 (Awere), GH56,000 (Top Principles), GH118,400 (Nice Things), GH162,000 (Koranteng), and GH2,640 (Appiah), with specified interest periods and statutory post-judgment interest.
ADUAMA OSEI JA:
In this judgment, the Plaintiff/Respondent is referred to as “the Execution Creditor”, the Defendants are referred to as “the Judgment Debtors”, and the Claimants/Appellants are referred to as “the Claimants”.
The Execution Creditor and the Judgment Debtors submitted their dispute to mediation in the Commercial Division of the High Court, Kumasi, and pursuant to a Memorandum of Agreement filed by them at the end of the mediation proceedings, the High Court, on the 8th of July, 2009, entered judgment in favour of the Execution Creditor against the Judgment Debtors in the sum of GHȼ544,000.00, plus interest up to 25th December, 2009.
In an attempt to go into execution, the Execution Creditor caused certain movable and immovable properties to be attached, but the attachment was objected to by the Claimants, namely, Genevieve A. Awere, Top Principles Limited, Nice Things Limited, Gloria Ofosu Koranteng and Akwasi Appiah, who filed a joint notice of claim under Order 44, rule 12 (1) of the Rules of the High Court, CI. 47. Upon service of the notice of claim on it, the Execution Creditor, under Order 44, rule 12 (2) of CI. 47, caused a notice disputing the claim to be filed and the Claimants not having withdrawn their claim, the Registrar of the High Court interpleaded by applying to the Court ex-parte under Order 44, rule 12 (4) of CI. 47 for an order requiring the Claimants and the Execution Creditor to appear before the Court for the issue between them to be determined. An order to that effect was made by the Court on the 23rd of October, 2009.
Evidence was taken by the trial Court and at the end of the proceedings, Counsel for the Claimants submitted that the properties of the Claimants had been unlawfully attached and invited the trial Court to award damages and costs to the Claimants.
In its judgment, delivered on the 30th of October, 2015, the trial Court expressed the view that the Execution Creditor had not exercised due diligence in causing the attachment of the Claimants’ properties and held that the attachment was wrongful. The trial Court also found that the Claimants had suffered loss and damage as a result of the wrongful attachment. As a relief, the trial Court ordered the release of the attached properties from further execution but declined to grant the request of Counsel for the Claimants for the award of damages. Rather, it ordered the Claimants to institute a fresh action for damages, explaining that damages “cannot be g