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LIVINGSTONE DJOKOTO
V.
BBC INDUSTRIALS CO.

(2011) JELR 81782 (SC)

Supreme Court 13 May 2011 Ghana
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- The underlying dispute involved the sale by auction of two properties owned by City Express Bus Services Ltd to satisfy a judgment debt in favour of Rana Motors, with appellants (senior company officers) claiming beneficial ownership and

Case Details

Suit Number:CIVIL APPEAL J4/10/2010
Judges:WOOD C. J., BROBBEY, J.S.C., DOTSE, J.S.C., YEBOAH, J.S.C., ARYEETEY, J.S.C.
Counsel: JAMES AHENKORAH FOR THE APPELLANTS. AKOTO AMPEW FOR THE RESPONDENTS.
Other Citations:[2011] GLR

JUDGMENT

ANIN YEBOAH, J.S.C.

On the 11/05/2011 we dismissed the appeal and reserved our reasons for so doing. We proceed to give our reasons.

The appellants herein pray this court for an order staying execution of the judgment of the High Court, Accra dated the 20/04/2009.

Both appellants were senior officers of the second defendant company. The company was sued by Rana Motors and Metal Works Engineering Company Limited. Rana Motors were adjudged to recover an amount of money from the company as judgment debt.

It proceeded to levy execution by fi.fa against the second defendant company by attaching two houses at Tema described as Hse. № 17 and 24 all at Community 3, Tema, to sell to satisfy the judgment debt. The two houses were indeed sold to BBC Industrials Co. (Ghana) Limited at a public auction.

The appellants claimed that at the time the houses were sold they were the occupants. It was also the case of the appellants that at the time the house was sold the respondent herein as the pur…

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