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CHRISLINE FINANCIAL SERVICES v. GLADYS OWUSUA & 2 ORS

2012

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP BARBARA ACKAH-YENSU (J)

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

After obtaining judgment on April 2, 2009 against Gladys Owusua, Charles Obeng, and Charles Kusi Peprah, Chrlsline Financial Services Limited sought to enforce the unpaid debt of GHC 40,357.26 by attaching house H/NO. A1/8 C5, Tema, presumed to belong to Owusua. Francis Yaw Asiedu filed an interpleader claim, asserting the house had been bought for him from the Tema Development Corporation in his name by his late father. He produced TDC rental receipts, a Ghana Water Company receipt, and a TDC letter indicating the application was being processed. Proceeding under Order 44 rule 12(4) of C.I.47, the High Court designated Asiedu as plaintiff and the execution creditor as defendant. Justice Barbara Ackah-Yensu found Asiedu’s testimony not credible and held he had not proved a valid customary gift or a documentary title under the Conveyancing Act and Land Title Registration Act. The claim was dismissed, with costs awarded.

JUDGMENT