WILSON KOFI KUTSOKEY v. E. SOWA NARTEY, MR. TAGOE _ SAMUEL TANDOH
2004
COURT OF APPEAL
GHANA
CORAM
- Farkye, J. A. [Presiding]
- Tweneboah-Koduah, J.A.
- Asiamah, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Farkye J.A., reviewed an appeal by Samuel Tandoh, the successful purchaser of an un-numbered house at Lashibi, arising from a conflicting set of orders in the Circuit Court, Accra. After a court-ordered auction advertised on May 30, 2003, Tandoh received a certificate of purchase and an order of repossession from His Honour Kwadwo Owusu; he was placed in possession on August 7, 2003. Later that day, judgment debtor Edmund Kwami Kutsokey and others unlawfully re-entered. Wilson Kofi Kutsokey then filed a new suit and obtained an interim injunction from His Honour Anthony Oppong restraining ejectment, notwithstanding the prior order. Oppong later refused to vacate that injunction. On appeal, the Court held that a coordinate court cannot subvert another’s valid order, allowed the appeal, quashed the refusal, and vacated the injunction.
JUDGMENT
FARKYE, J.A.
This judgment is in respect of an appeal against the ruling of His Honour Anthony Oppong, Circuit Court Judge, Accra, sitting on the 22nd day of October, 2003. The facts leading to the bringing of this appeal are that, on the 30th day of May, 2003 an advert appeared in the Ghanaian Times announcing that a public auction sale was going to take place on the 3rd day of June, 2003. The Co-Defendant/appellant attended the said public auction sale, put in a bid and was adjudged the highest bidder. After complying with all the statutory requirements, the Co-Defendant/Appellant was subsequently issued with a Certificate of Purchase by the Circuit Court.
On the 9th day of July, 2003, His Honour Kwadwo Owusu sitting at the Circuit Court Accra, granted an Order for the repossession of the unnumbered house now described by the Plaintiff/Respondent as plot No. 15 Community 16, Lashibi, which was the subject matter of the said public auction sale and which is the subject matter of the present suit.
On the 7th day of August, 2003, pursuant to the Order made on the 9th July, 2003, all the occupants of the house plot No. 15, Community 16, Lashibi including Edmund Kwame Kutsokey, the judgment debtor, were lawfully ejected and the Co-Defendant/Appellant put into lawful possession of the said house.
Later the same day i.e. 7th day of August, 2003, the said Edmund Kwami Kutsokey and others in flagrant disregard of the Order of His Honour Judge Kwadwo Owusu unlawfully moved back the re-took possession of the said house No. 15, Community 16, Lashibi.
Before the Co-Defendant/Appellant could take any legal action against the Plaintiff/Respondent, the Plaintiff/Respondent filed another suit in another Circuit Court challenging the public auction sale, which was validly and lawfully conducted.
When the Plaintiff/Respondent took the action at the Circuit Court, he applied for and obtained on the 9th day of September 2003, an Order of Interim Injunction granted by His Honour Judge Anthony Oppong also a Circuit Judge. This interim injunction restrained the Defendants and their agents from ejecting the Plaintiff/Respondent from the said house into which the [the Plaintiff/Respondent] had moved. This was in flagrant disregard of the Order of His Honour Kwadwo Owusu made on the 9th day of July, 2003
Dissatisfied with the said order of interim injunction, the Co-Defendant/Appellant filed a Motion on Notice to vacate the order of Interim injunction granted on