CLEMENT AGYEMANG v. BENJAMIN APPIAH and ANOTHER
2004
COURT OF APPEAL
GHANA
CORAM
- ANINAKWAH [PRESIDING]
- AKOTO BAMFO
- ASARE KORANG
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per ANINAKWAH, JSC, dismissed an appeal arising from interpleader proceedings following execution of a judgment debt of a251,379,750 obtained in 1999. The Deputy Sheriff attached goods in the NHYIRA NKA NYAME ENTERPRISE store and house H/No. Q. 58 in Drobo, selling the perishable goods for a23,040,000. NHYIRA NKA NYAME ENTERPRISE claimed the store goods (and alleged loss of 40,000 Deutsch marks), and Moses Kwabena Ankama claimed title to the house. The High Court consolidated and summarily tried both claims, dismissing Ankamas claim to the house but saying nothing about the store goods. On appeal, two grounds attacking the handling of the store goods and proceeds were struck out as vague under Rule 8(6) of C.I. 19. Addressing the remaining ground, the court affirmed findings that the lease and mortgage were in the name of Job Addai, with Ghana Commercial Bank evidence confirming sole ownership. Applying Akrofi v Otenges cautionary standard, the court held the appellants had not met the high degree of proof required and dismissed the appeal.
ANINAKWAH, JSC:-
This appeal is from the ruling of the High Court, Sunyani dated 29th August, 2001, dismissing the Interpleader claims of the Claimants/Appellants {hereinafter referred to as Appellants.
On 19, July, 1999, Plaintiff/Judgment Creditor/Respondent {hereinafter referred to as Respondent} obtained judgment for the sum of ¢51,379,750.00 against the Defendant/Judgment/Debtors in a running down suit.
Defendant/Judgment/Debtors did not appeal against the said judgment.
Respondent, then after filing Entry of Judgment proceeded to go into execution against the Defendant/judgment/Debtors.
Respondent caused the Deputy Sheriff Sunyani to issue the Writ of Fifa to attach the properties of the Defendant/Judgment/Debtors.
In the process, two (2) properties – i.e. goods in a store called NHYIRA NKA NYAME ENTERPRISE and a house No. Q. 58 both at Drobo – Brong Ahafo, and both believed to be the properties of the 2nd Defendant/judgment/Debtor, were attached and seized by the Deputy Sheriff.
The Deputy Sheriff mindful of the perishable nature of the goods seized at the store, handed them over to an auctioneer who went into execution and on 5th April, 2000, sold them.
The auctioneer realised an amount of ¢3,040,000.00 from the sale.
On 26, April, 2000, NHYIRA NKA NYAME ENTERPRISE, per its Manager, filed Notice of Claim, at the High Court, Sunyani, Brong Ahafo, claiming ownership to all the goods in the store attached by the Deputy Sheriff, High Court, Sunyani.
It also claimed for the loss of forty thousand deutch marks which were allegedly taken away in the course of the execution, and the seizure of the goods in the store.
On or about the 6 June, 2000, one Moses Kwabena Ankama of Drobo, too, filed Motion of Claim to H/No. 58 Drobo, attached in the execution.
The Respondent per his Solicitor Kwame Asiedu Basoah, Esq., disputed the title of the Claimant to the house.
In the litigation that followed, the trial judge consolidated the two claims and tried them together, summarily, a practice permissible by Order 57 rule 8 of the a LN 140A.
At the end of the trial, the Court dismissed the claim of Mose Kwabena Ankama to the house No. 58 – Drobo, but remained silent about the claim of ownership to the goods seized at the store.
The Appellants became aggrieved by and/or dissatisfied with the ruling of the trial Court and have filed the instant appeal.
The appeal was originally filed on two (2) grounds with an intimation to file additional grounds on the