Try asking the following...
J U D G M E N T
The biological mother of the Claimant who also happened to be the husband of
the Defendant/J/Debtor acted as the next friend or Guardian ad litern for the
Claimant who is a minor.
By the affidavit evidence the guardian ad litern of the Claimant claimed that
the property in question seized in execution by Bailiff of this Honourable Court
pursuant to a Notice of Attachment dated 12th September 2018 is for the
Claimant. She states that the property seized in execution does not belong to
the Defendant/J/Debtor neither is same registered in his name.
According to the next friend of the Claimant she purchased the said land for
her son, the Claimant in the year 2010. She originally bought the land with an
uncompleted 2-bedroom house from Doris Adzigbe per Exhibit ‘GJ’ series.
Although it appeared on the receipt that the land is in Kasoa Iron City but it is
actually situate at Iron City Ngleshie Amanfrom, Accra.
After the said purchase the uncompleted structure was demolished before the
land was developed into its current state.
She states also that the site plan of the property is in the name of the Claimant
per Exhibit “SJ1”. At the time of purchase, the said Doris Adzigbe did not have
proper documentations on the land, so after the purchase, she had to obtain an
indenture in the name of the Claimant from the actual landowners after paying
a nominal fee and she is currently in the process of registering the land in the
Claimant’s name.
The evidence of the Plaintiff/J/Creditor is that the house subject matter of
attachment in this suit belongs to the Defendant/J/Debtor eventhough he is yet
to register it in his name.
According to the Plaintiff/J/Creditor, the survey he had done on this house
attached in execution did not reveal the name of the Claimant (Infant Sean
Jason Nkansah Tetteh nor her Guadian and litern Joyce Boatemaa Akuamoah)
as the owner of the property per Exhibit ‘A’ i.e. the Search with the search plan).
The Plaintiff/J/Creditor therefore states that the document exhibited by the
Claimant do not in any way relate to the house under attachment but some
other property not seized in execution.
The Claimant in proof of his case tendered Exhibits ‘SJ’ series which are receipts
proving that the property was indeed purchased from Madam Doris Azigbe in
In further proof of his title to the property, the Claimant tendered also Exhibits
‘SJ1’ ‘SJ2’ and ‘SJ3’ which are a site plan, the indenture and some utili