CAL BANK LIMITED vs DOREEN ASARE & 3 ORS.

Per the Amended Affidavit of Interest filed pursuant to leave granted by the Court on 16th February 2021, Claimant’s Attorney, Linda Arhin made averments to the effect that the original Claimant who is now deceased and has since been substituted by Morrison Bernard Obeng was the only lawful wife of Mr. Kwaku Arhin (the 3rd Defendant Judgment Debtor).

That in or about 1991, the land on which the attached property is situated was purchased by the original Claimant and her husband; the 3rd Defendant Judgment Debtor from one Isaac Otoo Dodoo; their Grantor.

That the couple lived in the United Kingdom and contributed in putting up the house on the said plot of land and used to visit the construction site in order to monitor the progress of work anytime they were in Ghana.

That in 1998 when the original Claimant relocated to Ghana, the house was not fully completed yet and so she organized her own resources in putting finishing touches to it.

That 3rd Defendant Judgment Debtor also relocated to Ghana to join her in the house after about a year; but moved out at a point in time due to a misunderstanding between them leaving the original Claimant and their children behind.

That the original Claimant maintained the house all these years, rented out portions to Tenants and paid property rates in respect of the house to the local authority.

That the original Claimant never agreed nor consented to any agreement towards using the said property as a Mortgage to secure the loan facility granted Defendant Judgment Debtors by the Plaintiff Execution Creditor.

That the use of the said property as a Mortgage was fraudulent because aside Kwaku Arhin (the 3rd Defendant Judgment Debtor) who is a joint owner of the property, Dorin Arhin (the 2nd Defendant Judgment Debtor) has no interest in the said property.

The fraud was particularized that 2nd and 3rd Defendant Judgment Debtors falsely claimed to be Mr. and Mrs. Arhin as shown on the indenture in respect of the land (Exhibit ‘LA’) and had the said property falsely registered at the Lands Commission in their names as joint owners; and they used the said fraudulently registered document as a Mortgage to secure the said loan facility without the original Claimant’s consent.

That had the Plaintiff Execution Creditor done any due diligence at the time of the transaction, they would have discovered that the said property is jointly owned by 3rd Defendant Judgment Debtor and the original Claimant and not the 2nd Defendant J