ALICE FOSUA v. ESTHER OWUSU and ANOTHER

The Ghana Court of Appeal, per C. J. Honyenuga J.A., dismissed an appeal challenging the High Court’s order staying further execution and setting aside the sale of House No. 901/16, Dansoman (Sahara), Accra. The plaintiff/appellant had executed a money judgment by selling the house, but the claimant/respondent asserted ownership based on allocation from the Jonkobli Stool and regularization through the State Housing Company Limited, confirmed by a registered lease and Lands Commission search. Evidence showed the respondent judgment debtor was merely a tenant under a 1999 tenancy agreement, and a notice to quit had been served by the claimant’s solicitor, Opoku Amponsah Esq. Applying Order 44 rule 2(5) of C.I. 47 and precedents including Hajard v Staveley and Amartey v SSB, the court held that only a judgment debtor’s property can be attached. It found no trust in the respondent’s favor and affirmed the trial court’s supported findings. The sale was void ab initio and purchasers must be refunded. Presiding Justice F. Kusi-Appiah J.A. and S. K. Marful-Sau J.A. concurred.