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SARPONG V. ATTA YAW AND ANOTHER

(1964) JELR 67884 (SC)

Supreme Court  •  29 Jun 1964  •  Ghana

Coram
OLLENNU JSC,ACOLATSE JSC,APALOO J.S.C.

Judgement

JUDGMENT APALOO J.S.C.: The facts which the learned trial judge found and which were quite ineffectively challenged in this appeal are briefly as follows: The respondents are the joint-owners of house No. D27 Duayaw-Nkwanta. At some time prior to May 1962, they jointly raised a loan of £G80 from a man called Kofi Nyamekye who was the first defendant at the trial (but did not join in this appeal). The respondents did not repay the loan when the time for repayment fell due. Accordingly, the said Nyamekye instituted an action against them in the Bechem Local Court. This was in May 1962. The respondents did not defend the action and the local court accordingly gave judgment against them for the sum claimed with assessed costs of £G31 4s. 6d. In execution of that judgment, Nyamekye applied for a writ of fi. fa. to attach the house in question. This was duly issued. A copy of the notice of attachment was served on the respondents. On receipt of this, they took fright and quickly raised a lo…

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