MOHAMMED SATA VS MADAM COMFORT @ PANOO JEMIMA & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS H/L JUSTICE FREDERICK A.W.K. NAWURAH
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff/Execution Creditor brought a lawsuit against the Defendants for an unpaid debt. The Wenchi District Court ruled in favor of the Plaintiff/Execution Creditor, who then sought to enforce the judgment by selling the Defendants' property. The Claimant/Appellant intervened with an interpleader claiming ownership of the property. However, the interpleader was dismissed as the Claimant/Appellant was absent in court, and the Plaintiff/Execution Creditor's application for the reserved price was granted. The Claimant/Appellant’s appeal centered on procedural errors, including a violation of the audi alteram partem rule and improper handling of the interpleader process. The appellate court, upon reevaluation, dismissed the appeal, affirmed the lower court's decision, and awarded costs to the Execution Creditor/Respondent.
JUDGMENT ON APPEAL
This is an appeal from the judgment of the Wenchi District Court delivered on the 17th of November, 2022, by which the decision the Trial District Magistrate dismissed an interpleader filed by the Claimant/Appellant herein and proceeded to grant a reserved price for the building in dispute in favour of the Plaintiff/Execution Creditor therein.
In brief, the backdrop to the action herein is that the Plaintiff/Execution Creditor sued the Defendants before the Wenchi District Court claiming in the main the sum of sixty-two thousand, seven hundred and fifty Ghana Cedis (GH₵62, 750. 00), being a debt owed her by the Defendants for baking flour that they had credited from her.
Judgment was given in her favour on the 24th January, 2022, with interest on the principal and costs assessed at one thousand Ghana Cedis (GH₵1, 000. 00), all amounting to a total sum of seventy-four thousand, one hundred and fifty-five Ghana Cedis (GH₵74, 155. 00). Out of the total sum adjudged in the Plaintiff/Execution Creditor’s favour, the Defendants managed to pay only nine thousand Ghana Cedis (GH₵9, 000. 00), leaving a balance of sixty-five thousand, one hundred and fifty-five Ghana Cedis (GH₵65, 155. 00) still unpaid.
In the process of the Plaintiff/Execution Creditor’s enforcement of the judgment by a writ of feiri facais (Fifa) by the sale of the Defendants’ house, the Claimant/Appellant herein filed a notice of interpleader on the 26th August, 2022, to the effect that the house number BW-0004-2688, Wenchi-Kaamu, in the Wenchi Municipality that had been attached by the Plaintiff/Execution Creditor was his property.
On the 17th of November, 2022, when the case was called, neither the Claimant nor his Counsel of record were present in court, so the Trial Magistrate, convinced that the Claimant was trying to frustrate the Plaintiff/Execution Creditor’s efforts at enforcing the judgment, dismissed the interpleader application and proceeded to grant the Plaintiff/Execution Creditor’s pending application for reserved price of the said property.
Dissatisfied with the decision of the Trial District Court, the Claimant/Appellant filed an appeal before this Court praying that the entire decision of the Wenchi District Court and all the consequential orders made thereof be set aside or reversed on the grounds that the decision is against the weight of evidence on record.
The Claimant/Appellant indicated in the notice of appeal that he would file additional grounds