Ghana Commercial Bank Vrs J. K. Ackah Enterprise Ltd and Others [2014] GHASC 148 (9 April 2014)

Ghana Commercial Bank Vrs J. K. Ackah Enterprise Ltd and Others [2014] GHASC 148 (9 April 2014)

The sale of the appellant's property was valid because the property was attached within twelve months of the writ of fi:fa's issue, satisfying the requirements of Order 44 rule 9 of CI 47. The subsequent sale, even if occurring after twelve months, did not invalidate the execution. The appellant failed to demonstrate the existence of sufficient movables, and the current rules permit attachment of immovables in such circumstances.

Citation
[2014] GHASC 148
Parties
Plaintiff/respondent: Ghana Commercial Bank Takoradi; 1st Defendant: J. K. Ackah Enterprise Ltd; 2nd Defendant/applicant/appellant: Joseph Kweku Ackah (substituted with Mrs. Agnes Ackah); 3rd Defendant: Kofi Abaidoo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 April 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Judgments, Writ of Fi:fa, Attachment and Sale of Property, Renewal of Writs, Priority of Movables Vs Immovables, Statutory Interpretation
Source Language
English
Civil Procedure Banking Law Secured Transactions Execution of Judgments Writ of Fi:fa Attachment and Sale of Property Renewal of Writs Priority of Movables Vs Immovables +1 more

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Parties

Ghana Commercial Bank Takoradi

Plaintiff/respondent

J. K. Ackah Enterprise Ltd

1st Defendant

Joseph Kweku Ackah (substituted with Mrs. Agnes Ackah)

2nd Defendant/applicant/appellant

Kofi Abaidoo

3rd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the sale of the appellant's property was void due to expiry of the writ of fi:fa before execution was completed
  2. 2 Whether the writ of fi:fa could be used to attach immovable property when movables existed

Ratio Decidendi

The sale of the appellant's property was valid because the property was attached within twelve months of the writ of fi:fa's issue, satisfying the requirements of Order 44 rule 9 of CI 47. The subsequent sale, even if occurring after twelve months, did not invalidate the execution. The appellant failed to demonstrate the existence of sufficient movables, and the current rules permit attachment of immovables in such circumstances.

Court Disposition

appeal dismissed