ELIZABETH WIAFE VS LAARRY ODONKOR & ANOR
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWABENA ASUMAN-ADU
Areas of Law
- Contract Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff issued a summons against the defendant for repayment of GH¢10,500.00, leading to a court judgment favoring the plaintiff. During execution, the plaintiff attached a property that the claimant alleged belonged to him. The main issue was the ownership of the property and the sufficiency of evidence. The claimant's evidence was deemed insufficient, and the court dismissed the claim, ruling in favor of the plaintiff and awarding costs.
Per a writ of summons issued by the Plaintiff/J/Creditor (hereinafter referred to as the plaintiff) against the Defendant/J/Debtor (hereinafter referred to as the defendant) on 18th May, 2012, the plaintiff claimed against the defendant for the following reliefs:
a. An order for the defendant to pay the plaintiff the sum of GH¢10,500.00 being the purchase price of the land the plaintiff paid to the defendant.
b. Interest on (a) above at commercial rate with effect from November, 2008 till the day of final payment.
c. Damages for breach of contract.
d. Damages for fraud and misrepresentation.
e. Costs.
f. Any other relief(s).
The writ and statement of claim were served on the defendant on 26th May, 2012, and he entered appearance on 5th June, 2012 but failed to file a defense. The plaintiff, therefore, filed a motion on notice for judgment in default of defense, which was served on the defendant on 6th July, 2012, but he filed no response. So, on the 13th day of July, 2012, this court, differently constituted, granted the motion by entering final judgment for the plaintiff against the defendant for the amount of GH¢10,500.00 with interest at the commercial rate from November, 2008 to the date of final payment.
The court went on to strike out the plaintiff’s claim for damages and other reliefs made under reliefs (c), (d), and (f) as having been waived by the plaintiff. It awarded costs of GH¢1,500.00 to the plaintiff.
In the process of execution of the said judgment, the plaintiff caused to be seized and attached in satisfaction of the said judgment a four (4) bedroom uncompleted residential property situate at Teshie Agblazaa, Accra. The claimant herein then interpleaded by Notice of Claim filed on 28th April, 2014, in which he claimed ownership of the said property. The plaintiff disputed this claim by filing her Notice of Dispute on 19th February, 2015.
In his affidavit of interest filed on 28th April, 2014, the claimant contends that he is the lawful owner of the property in issue and that the defendant is only a caretaker of the said property. He contends further that he acquired the property from one John Oko Agbozo acting for and on behalf of Rev. Father Martey Odonkor. He was subsequently issued with an indenture dated 18th August, 2008. Pursuant to Order 44 Rule 13 (1) of C. I. 47, this court ordered that the claimant be made the plaintiff in the claim and the plaintiff herein the defendant.
The claimant was, therefore, asked to prove his