EMMANUEL SACKEY (REV) & ORS VS YAW& ORS

INTRODUCTION

In this interpleader proceedings the vexed question is whether a judgment regularly obtained and executed against an Agent/licensee could be set aside by the Principal/Licensor after execution? This question rides on the back of the dictum of Kotey Jsc.

who on behalf of the Supreme Court admonished judges to be loathed in reversing judgments and post execution Aprocesses.

In the case of OPANIN E. K. AGYARKWA VRS JAMES FOLAGIN & OTHERS (Unreported CIVIL APPEAL SUIT NO. J4/58/2019, delivered on the 11TH MARCH, 2020) Kotey, JSC speaking for the apex court expressed the policy rationale in these terms at page 9; “Policy Rationale There are also strong policy reasons why courts should be loath to set aside judgments after execution has ended.

An efficient legal system is based on certainty and predictability as much as justice and fairness.

Allowing parties and other aggrieved persons to overturn judgments and completed execution processes is a very drastic step which must not be undertaken lightly. … As a policy Court, we are also not unmindful of the deleterious effects that encouragement of the practice of the setting aside of the judgments after the completion of execution would have on the operation of the legal system” [emphasis mine]Per its Affidavit of Interest filed at the Registry of this Court dated 17th February 2022, the Claimant claims against the Plaintiffs/J/Creditors as follows: -a) A declaration that the Claimant is the owner in occupation of all that piece and parcel of land situate and lying at New Achimota/Odarteyman bounded on or towards the North by the then proposed Road measuring on that side 781 feet more or less on or towards the South by property of the Roman Catholic Church and Convent, measuring on that side 945 feet more or less on or towards the East by old Nsawam/Accra Road measuring on that side 600 feet more or less and on or towards the West by the then proposed Road measuring on that side 850 feet more or less and covering an area of 13. 34 Acres or thereabout, which said land is for purposes of identification demarcated and edged pink on Plan of Land prepared by W. E. K. Addo Esq. Licensed Surveyor No. 139 attached to the Deed of Conveyance dated 11th June, 1975 bearing No. A 483/1975 and made between James Hanson Sackey and 14 others land is for purposes of identification demarcated and edged pink on Plan of Land prepared by W. E. K. Addo Esq. Licensed Surveyor No. 139 attached to the Deed of Conveyance