NASIB DAHABIEH v. S.A. TURQUI _ BROTHERS
2000
COURT OF APPEAL
GHANA
CORAM
- Essilfie-Bondzie, J.A. (Presiding)
- Ansah, J.A.
- Owusu-Ansah, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Tort Law
- Corporate Law
2000
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Essilfie‑Bondzie, J.A., writing for the Ghana Court of Appeal, allowed the appeal of S.A. Turqui & Bros. from a 29 November 1996 High Court judgment (Sarpong, J.A.) in consolidated suits brought by Nasib Dahabieh regarding premises at No.61 Kojo Thompson Road, Accra. After Turqui obtained a default judgment in Suit No.104/75 and executed a writ of possession in 1976, Dahabieh successfully sued in Suit No.152/76; the High Court (Anterkyi, J.) set aside the default judgment and awarded ¢100,000 exemplary damages, affirmed by the Court of Appeal in 1988 after a stay of execution. Dahabieh later filed Suit No.1907/88 claiming general and special damages for detention/conversion and Suit No.453/89 to recover the judgment sum with interest; these claims were held barred by res judicata and estoppel. The Court further rejected conversion, and upheld Turqui’s counter‑claim, finding that Dahabieh sublet or parted with possession to Tetra (Ghana) Ltd. without written consent under Act 220, and ordered recovery of possession for Turqui.
JUDGMENT
ESSILFIE-BONDZIE, J.A.
This is an appeal against the judgment of His Lordship Justice Sarpong, J.A. (Sitting as an additional High Court Judge dated 29th November, 1996. The appellants (hereinafter referred to as TURQUI) obtained judgment in default of appearance for recovery of their premises. No.61, Kojo Thompson Road, Accra in suit No.104/75 against Nasib Dahabieh (hereinafter simply called Dahabieh) then carrying on business under the name and style of Technical Trading Company. On 2 February, 1976 Turqui went into execution by a Writ of possession and recovered possession of the premises.
Dahabieh, as the 1st plaintiff and also in his business name, Technical Trading Company as the 2nd plaintiff instituted suit No. 152/76 in the High for:
“(1) a declaration that the judgment obtained by Turqui (defendant) in Suit No.104/1975 is null and void as is viliated by fraud.
(2) An order setting aside the judgment in the said suit No.104/75 and all subsequent processes.
(3)Damages"
On the 7th June, 1982, the High Court set aside the said judgment and awarded exemplary damages. The concluding and relevant part of the judgment which set aside the judgment in suit No.104/1975 stated:
“For the reasons herein before given I do hereby act aside the judgment and the order for possession given in favour of the plaintiffs in the earlier suit No. 104/75 who are the defendants in the present case.
The 2nd plaintiff i.e. Technical Trading Company is hereby struck out as that name is not a legal name, leaving the 1st plaintiff as the only plaintiff (DAHABIEH).
I award as exemplary damages, in favour of the plaintiff against the defendants (TURQUI) the sum of ¢100,000.00.
There will therefore be judgment for plaintiffs against the defendants in the sum of ¢100,000.00 and ¢10.000 costs including" counsel's cost of ¢5,000.00. The court also ordered that Dahabieh was entitled, if, he so desired, to reposses, the premises"
As the record reveals Dahabieh was not satisfied with his victory in suit No.152/76 and therefore in suit No.1907/88 instituted an action against Turqui in the High Court Accra for general and special damages for the detention or conversion of his stock-in-trade and furniture as a result of wrongful execution of a writ of possession.
It is evident from the record of proceedings that while this action was pending, the Dahabieh brought another action numbered suit No.453/89 entitled NASIB DAHABIEH vrs: S.A. TURQUI & BROS. in the High Court