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DELIMAN OIL COMPANY LIMITED v. HFC BANK GHANA LIMITED

2015

COURT OF APPEAL

GHANA

CORAM

  • D. ADJEI, JA (PRESIDING)
  • A. LOVELACE-JOHNSON JA
  • B. ACKAH-YENSU, JA

Areas of Law

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

AI Generated Summary

The case involved a dispute over ownership of a filing station attached in execution of a judgment debt against Limobia Company Ltd. The Plaintiff claimed ownership through a Dealership Agreement, while the Defendant argued that Limobia was the true owner. The trial court ruled against the Plaintiff, leading to an appeal. The appellate court upheld the trial court's decision, emphasizing the Plaintiff's failure to sufficiently prove ownership of the disputed property, properly apply the burden of proof, and diligently pursue interpleader processes. The court reaffirmed principles on burden of proof, ownership by possession, and the requirement to follow statutory procedures.

JUDGMENT