DARFIN FINANCE CO. GH. LIMITED vs REHOBOTH REAL PROPERTIES LIMITED & ANOTHER

A Notice of Claim was filed on 16th September, 2020 in the Registry of this Court, whereby the Claimant herein instituted the instant Interpleader action, praying for the release of properties described as Nos. 24 and 24, Rehoboth City at Oyarifa, Accra, attached by the Plaintiff/Judgment Creditor, in execution of the Judgment of this Honourable Court.

The Claimant filed an Affidavit of Interest in support of her claim on 26th May, 2022, essentially deposing to facts establishing her interest in the properties. In paragraph 3 of her Affidavit in Support, the Claimant in deposing to her interest in the properties described the said properties; Parcel No. 14497 Block 3 Section 149 and Parcel No. 14495 Block 3 Section 149 situate at Oyarifa (Rehoboth Hills) in the Greater Accra Region as belonging to her but which have been mistakenly attached in fulfillment of a judgment debt. She traced the root of title of the property to a Deed of Assignment dated 14th of February, 2014 made between Edgar Ansah-Obiri the Assignor and Rehoboth Properties Limited the Assignee.

After building on the land, Rehoboth Properties Ltd. by two separate subleases dated 25th July 2017 assigned its interest in two of the buildings known as Nos. 6 and 8 East Palm Drive, Rehoboth Hills, Oyarifa also known as Parcel No. 14497 Block 3 Section 149 and Parcel No. 14495 Block 3 Section 149 situate at Oyarifa (Rehoboth Hills) respectively to Claimant. Claimant said she has registered her title to the properties and have been issued with Land Title Certificate Nos. GA. 68427 and GA. 68426 respectively by the Lands Commission. That by virtue of that sublease granted to her, the property cannot be taken in satisfaction of any Judgment Debt.

The Claimant filed a Supplementary Affidavit on 21st June, 2022, by which she sought to attach the Land Title Certificates in respect of the two properties and marked as Exhibits ‘A’ and ‘B’.

On 12th of July, 2022, the Claimant filed a Further Supplementary Affidavit by which she attached receipts from Rehoboth Properties evidencing payments for the properties in question.

In response to the Claim by Claimant, the Plaintiff/Judgment Creditor filed a Notice of Dispute of Claim and followed it up with an Affidavit in Opposition to the Claim, both of which were filed on 15th August, 2022. One Isaac Ofori, a Credit Officer of the Plaintiff Finance Company deposed to the Affidavit in Opposition and said that the claim being made by the Claimant was spurious a