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DUODU AMOO AND MADAM NAADU
V.
BERNARD NIMAKO AKOWUAH AND SAMUEL NII OTU ANKRAH

(2012) JELR 68563 (SC)

Supreme Court 13 Jan 2012 Ghana
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- Supreme Court affirmed that a sale by auction under writ of fi.fa after full satisfaction of the judgment debt is void and conveys no title, even to a bona fide purchaser for value without notice (applied KARIMU v. GHASSOUB). - Serious ir

Case Details

Suit Number:CIVIL APPEAL NO. J4/36/2011
Judges:WOOD (MRS.) C.J (PRESIDING), BROBBEY JSC, OWUSU (MS.) JSC, YEBOAH JSC, BONNIE JSC
Counsel:KWAMENA BAIDEN FOR THE 1ST APPELLANT; ALBERT ADAARE FOR THE 2ND RESPONDENT.

JUDGMENT

ANIN YEBOAH, JSC

The facts of this appeal appear not to be in serious controversy. One Samuel Nii Otoo Ankrah commenced an action against one Joshua Kpakpo Allotey at the High Court, Accra. Before the case could be disposed of the plaintiff Samuel Nii Otoo Ankrah applied for absconding warrant against the said Joshua Kpakpo Allotey as he had information that he was preparing to leave the jurisdiction. It was granted by Her Ladyship Justice Emelia Aryee.

The claim was for refund of an amount of US$8,850. The defendant in that case was arrested with the warrant and was granted bail in the sum of ¢1,500,000.00 with two sureties.

Two persons namely: Eugene Darko Amoako and Benjamin Akwei Allotey executed bail bonds as sureties for Joshua Kpakpo Allotey. The two bail bonds were tendered in evidence at the trial court in this case. The two sureties were named in exhibits F1 and F2. Exhibit F was the bail bond while exhibits F1 and F2 were the justification of sureties’ forms. Exhibit F…

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