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JUDGMENT
BY A NOTICE OF CLAIM, the Plaintiffs herein, (then as the claimants) on 05/01/2021, claimed ownership of the property behind Anoe palace of Kojokrom, with GPS address No. WS-220-8960 which has been attached in execution under Writ of Fieri Facias (Fifa)in Writ of Fifa No. 08/2020. On 19/03/2021, the Defendants herein, (then as Plaintiff/Judgment Creditor) disputed the claim of the Plaintiffs as set out in the notice of claim and sought to contest same.
On 04/05/2021, the Deputy Chief Registrar filed a motion ex-parte for an order for the claimant and the Execution Creditor to appear before the court under Order 44 (12) of the High Court, (Civil Procedure) Rule, 2003, C. I 47. On 10/05/2021, the court differently constituted ordered the claimants, Robert Kojo Atibura and Ellen Atibura, both of H/No. 62/4, Ahinkofikrom near Sekondi and the Execution/Creditor Emmanuel Samuel Acquah to appear before the court on 18/05/2021 for the issue between them and the interpleader application to be determined.
On 02/06/2021, the Plaintiff herein filed an affidavit of interest claiming, amongst others that the attached property, as described hereabove is the bona fide property of his wife and himself having purchased same from Mr. Daniel Aseidu Ntram (the Defendant in the civil case) and his wife in November, 2018 for which the Plaintiffs herein have been living in same since December, 2018 after making some renovations to the property.
The Plaintiffs on 02/06/2021 appointed Portia A. N. Cheffah (Mrs) of Diaba, Diaba and Co.
to represent their interest. Having complied with the order of the court and the procedure that followed, the case was set down for trial on 16/03/2022. From the records, the Plaintiff filed his witness statement on 16/03/2022 and the Defendant herein filed his witness statement on 01/07/2021. On 16/03/2022, the Plaintiff testified and was cross-examined.
On 08/06/2022, PW1 testified and was cross-examined.
On 04/07/2022, the Defence opened and the Defendant testified and was cross-examined.
On 18/01/2023, the proceedings in the matter were adopted.
It has to be pointed out, as stated in any other cases in this court that this case, like many others, passed through the hands of four judges including the author of this judgment.
It commenced during the time of P. Bright Mensah “J” (as he then was), through Justice Cynthia Wiredu, Justice Sedina Agbemava and now presently Justice G. K. Gyan-Kontoh completing the matter and delivering this judgm