EDWARD AGYEKUM SEREBOE vs CLEMENT NANA ADU KORANTENG & ANOR

The genesis of the present interpleader proceedings is uncomplicated. The Defendant (Judgment Creditor) herein filed an application for warrant to possess charged property and for an order to realise charged property under sections 62 and 64 of the Borrowers and Lenders Act, 2020 (Act 1052). Subsequently, a judgment of this court, differently constituted, dated 19th January 2023, granted the following reliefs:

A. The principal amount involved and due the Applicant is GHS1,185,500.00 less any payment made;

B. Interest on the GHS1,185,500.00 at the current bank rate per annum;

C. In the alternative, the Applicant is granted warrant to seek the assistance of the police to take possession of the plot of land which was used as a collateral and described in the application. However, the plot should be revalued at the expense of the borrower and if the value is more than the outstanding principal plus the interest and any other costs, the difference should be refunded to the Respondent.

Subsequent to the delivery of the judgment there was a flurry of applications filed by both parties. When the Respondent/Judgment Debtor in the original suit failed to pay the judgment debt, the Defendant herein pursuant to the judgment of 19th January 2023, sought the assistance of the Police to take possession of the plot of land situate, lying and being at Ofankor in Accra, containing an approximate area of 0.15 acre with the digital address GW-0296-3448 which was used as collateral and described in the application.

The Plaintiff (Claimant) herein filed a Notice of Claim on 18th July 2023, which was disputed by the Defendant. Consequently, this Court, differently constituted, ordered the Plaintiff to file her affidavit of interest and the Defendant his affidavit of response. Both parties complied with the orders of the court and on 18th June 2024, both parties were ordered by the court to file their witness statements, pretrial checklists and documents they intend to rely on in the interpleader proceedings.

EVIDENCE-IN-CHIEF

Consequently on 29th July 2024, a case management conference was held and the matter was adjourned for hearing. In her evidence in chief, the Plaintiff (Claimant) testified that she got married to the Respondent/ Judgment Debtor on 30th October 2010, and that they have three children who live with her at her matrimonial home at an unnumbered house, North Ofankor, Hill Estate, Accra, the subject matter of the present claim until she was driven o