ERIC OPOKU & ANOR v. STANDARD SECURITIES LTD (KUMASI BRANCH, AHODWO)
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this High Court interpleader proceeding, African Support Network asserted ownership of uncompleted two-bedroom semi-detached houses identified as IPC3, IPC8, IPC19, IBC14, IBC15, 4BC4, 4BC5, 4BC2 and 4BC3 within Greenfield Estates at Katamanso, Greater Accra. The judgment creditor had attached the houses in execution of a prior judgment against other defendants. Acting through its managing director, Prince Sarpong, the claimant invoked Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), filing an affidavit and testifying. It relied on a 3 April 2013 indenture from the Okley Family, registration at the Land Title Registry (Certificate TD.8521), and a Municipal Assembly building permit to show ownership and development. The judgment creditor failed to attend trial. Applying principles of burden of proof and the balance of probabilities, Justice Dr. Richmond Osei-Hwere found the claimant’s evidence credible and ordered the execution to cease against the specified properties, with no order as to costs.
JUDGEMENT
It is provided under Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, C.I. 47 as follows:
‘‘(1) A person who makes a claim to or in respect of a property taken or intended to be taken in execution under process of the court, or to proceeds or value of any such property, shall give notice of the claim to the Registrar and shall include in the notice a statement of that person's address for service.
(2) On receipt of a claim made under sub rule (1), the Registrar shall forthwith give notice of it to the execution creditor who shall within four days after receiving the notice, give notice to the Registrar informing the Registrar whether the execution creditor admits or disputes the claim.’’
It is further provided under Order 44 rule 13 (1) of C.I. 47 that:
‘‘(1) Where on the hearing of proceedings pursuant to an order made under rule 12(4) all the persons by whom adverse claims to the property in dispute, in this rule referred to as the "claimants" appear, the court may
(a) Summarily determine the question in issue between the claimants and execution creditor and make an order accordingly on such terms as may be just: or
(b) Order that any issue between the claimants and the execution creditor be stated and tried and may direct which of them is to be plaintiff and which defendant.’’
The judgment creditor herein obtained judgment against the defendants/judgment debtors herein and proceeded to attach certain properties including uncompleted two (2) bedroom semidetached houses numbered IPC3, IPC8, IPC19, IBC14, IBC15, 4BC4, 4BC5, 4BC2 and 4BC3 situate and lying within an estate development described as Greenfield Estates, Katamanso, in the Greater Accra Region of the Ghana. On 15/08/2018, the claimant herein filed a notice of claim under Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, C.I. 47. The Registrar duly notified the judgment creditor, and on 24/08/11 the execution creditor, acting per his solicitor, filed a notice to dispute the claim. The Registrar/Deputy Sheriff served the order for the claimant to appear on 14/11/2018. On 30/11/2018 the claimants, acting per Prince Sarpong, filed an affidavit of interest in accordance with the rules of the court setting out the basis of their claim as follows:
1. That I am the deponent herein and the Managing Director of African Support Network, the Claimant herein.
2. That I have the authority and consent of the Claimant Company herein to depose to the facts i