Amoo and Another Vrs Akowuah and Another [2012] GHASC 6 (13 January 2012)

Amoo and Another Vrs Akowuah and Another [2012] GHASC 6 (13 January 2012)

The auction sale was void as the judgment debt had been fully paid before execution; Adjin Okwabi was not a valid surety due to irregularities in the bail bond process; the amended entry of judgment was not validly served or amended through judicial process.

Citation
[2012] GHASC 6
Parties
Plaintiff/respondent: Duodu Amoo; Plaintiff/respondent: Madam Naadu; Defendant/appellant: Bernard Nimako Akowuah; Defendant/appellant: Samuel Nii Otu Ankrah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 January 2012
Procedural Posture
Civil Appeal / Second Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Execution of Judgment, Auction Sale, Bail Bond Liability, Amendment of Judgment, Suretyship, Irregular Court Process
Source Language
English
Civil Procedure Property Law Execution of Judgment Auction Sale Bail Bond Liability Amendment of Judgment Suretyship Irregular Court Process

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Parties

Duodu Amoo

Plaintiff/respondent

Madam Naadu

Plaintiff/respondent

Bernard Nimako Akowuah

Defendant/appellant

Samuel Nii Otu Ankrah

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the auction sale of H/№ B182/12 Odorkor, Accra was void due to full payment of judgment debt before execution
  2. 2 Whether Adjin Okwabi was a valid surety under the bail bond
  3. 3 Whether the amended entry of judgment was valid and properly served

Ratio Decidendi

The auction sale was void as the judgment debt had been fully paid before execution; Adjin Okwabi was not a valid surety due to irregularities in the bail bond process; the amended entry of judgment was not validly served or amended through judicial process.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal affirming the High Court is upheld
  • Auction sale declared void