CHRISLINE FINANCIAL SERVICES v. KOBI ENTERPRISE LTD & ANOR, CLAIMANT: CHRISTIAN DADEBOE
2015
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS) JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Commercial Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, Christian Dadeboe, claimed ownership of a property seized by the Defendant due to a prior judgment. The court found that the property was under attachment before Ideal Finance Ltd sold it to Dadeboe, rendering the sale null and void. The judgment highlighted the legal flaws in the Plaintiff's claim, emphasizing compliance with the Borrowers and Lenders Act and the principles of property attachment. Consequently, Dadeboes claim was dismissed, and the property remained subject to public auction by the court.
JUDGMENT
The Plaintiff in this suit has claimed ownership of a building which the Defendant had seized in execution of a prior judgment. The Plaintiff as Claimant had filed an affidavit of interest in which he had stated as follows:
1. I am the deponent and Claimant herein.
2. I swear to this affidavit the facts of which are within my personal knowledge and belief unless otherwise stated.
3. In or about July 2013, I was informed by a friend who deals in properties that Ideal Finance Ltd was offering a house situate at Ashalley Botwe for sale.
4. I thereafter approached the said company and offered to purchase the said house being No. EAB 11/12, Ashalley Botwe, Accra.
5. Upon enquiry as to the ownership of the property, the company showed me various documents including a Statutory Declaration, a Deed of Assignment, a search and the ruling of the High Court, Accra in its favour. Copies of the documents are annexed hereto and marked as CD1, CD2, CD3 and CD4.
6. I gave copies to my lawyers who after studying same gave me the green light to purchase the property which I did and was given an assignment of the company’s interest in said property. Copy of Deed of Assignment and receipt of payment are annexed hereto and marked as CD5 and CD6..
7. Another search conducted on the property recently is annexed hereto and marked as CD7.
8. I am the bona fide owner of the said property as I have been given valuable consideration for same after making sure that it belonged to my vendor.
9. I accordingly swear to the instant affidavit praying this Honourable Court to uphold my claim.
The Defendant opposed the instant claim stating at paragraphs 3, 4 and 5 of its affidavit in answer to the Claimant’s claim as follows:
3. That as legal and beneficial owner thereof, the judgment debtor’s property was attached by the Sheriff of this Court for purposes of execution. That reserved price has been granted by this court differently constituted.
4. That the affidavit of interest is legally flawed and against the weight of evidence since none of the documents attached and labeled as Exhibits D1-D7 confers title to the property in dispute in the claimant.
5. That in the circumstances, the interpleader claim ought to be dismissed as legally incompetent.
The court proceeded to take evidence from the 2 rival contenders to determine the true ownership of the property in question.
The Plaintiff repeated his averments made in his affidavit of interest. He called