CHRISLINE FINANCIAL SERVICES v. GLADYS OWUSUA & 2 ORS

On 2nd April, 2009, Chrlsline Financial Services Limited (Plaintiff in the substantive suit), obtained judgment against the Defendants therein, Gladys Owusua, Charles Obeng and Charles Kusi Peprah.

By an entry of judgment filed on 23rd April 2009 on behalf of the Plaintiff, the Plaintiff/Judgment Creditor sought to recover from the Defendant/Judgment Debtors the sum of GH04O,357.26 as at the date of the said entry of judgment, which amount remains unpaid.

By a praecipe of fieri facias filed at the Registry of this Court, the property known as H/NO. A1/8 C5, Tema which property then was presumed to be owned by the 1st Defendant/Judgment Debtor was attached in pursuance of the execution of the said judgment of the Court.

The Claimant herein, Francis Yaw Asiedu.

has however filed a notice of claim to the property in question.

Plaintiff/Judgment Creditor, now Execution Creditor, filed a notice disputing the claim whereupon on the application of the Registrar of this Court pursuant to order 44 rule 12(4) of C.1.47, the Court directed the attendance in Court of the Claimant herein and the Plaintiff/Execution Creditor for the purpose of determining the dispute between them.

The Claimant was designated Plaintiff by the Court so that it might prove its claim (it however retains the designation Claimant in this entire judgment); the Plaintiff/Execution Creditor was made the Defendant.

The Court took evidence from the Claimant in a summary determination of the interpleader.

The evidence of the Claimant, Francis Yaw Asiedu, was that the property in question was bought for him by his late father.

He said his late father bought the property from Tema Development Corporation (TDC) in his (i.e. Claimant) name.

In support of this he tendered in evidence a receipt from TDC for rental payment (Exhibit "A"). Other receipts from TDC for payments made on 30'^ March 1999, 12th February, 1998 (2 in number) and 22nd October, 1998, were tendered in evidence as Exhibits "B", "C", "D" and "E". He also tendered in evidence a receipt from Ghana Water Company Limited dated 31st January in the name of Francis Yaw Asiedu (Exhibit "F"). A letter dated 13/2/98 titled "Application for lease document on house" was also tendered in evidence as Exhibit "G". Under cross examination, the Claimant revealed that his late father was also called Francis Yaw Asiedu, and also that the 1st Defendant, Gladys Owusua is his mother.

The Claimant also conceded that Exhibit "G" was actually address