FIRST NATIONAL BANK VS RONCALLI CO LTD. & ORS

Introduction

The 1st Claimant, on 21st May 2022 filed a Notice of Claim pursuant to order 48 Rule (1)B and rule 6 of C. I 47, that she is the bonafide owner of Plot No. 3, 105, New town, Kokomlemle Road, Kokomlemle Accra (the Property) and that the 1st and 2nd Respondent herein, Rocalli Company and Charles Yaw Oppong have no interest in the Property to have used same to procure a loan from the Applicant /Respondent(Applicant) and same cannot be attached.

Case of 1st Claimant The 1st Claimant’s basis for the above assertion is that the property in issue was gifted by her father Charles Oppong to her mother Janet Adjoa Asoh in 1961 evidenced by Exhibit“A”. That by a customary grant, this property was granted to the 1st Claimant and her biological sisters Beatrice Boatemaa Oppong and Suzanna Frimpong Mensah.

That as her two sister were deceased she held the interest of the deceased sisters for and on behalf of their children.

The 1st Claimant further averred that the 2nd Respondent, Charles Oppong is not one of the children.

The 1st Claimant further averred that had the Applicant conducted an actual search from the occupants of the property in dispute it would have realized the said property does not belong to the 1st and 2nd Respondent.

Case of the 2nd Claimant The 2nd Claimant averred that he became the owner of the disputed property by virtue of a contract with the 1st Claimant under a build, operate and share arrangement for a total period of 10 years, with him being the builder of the disputed property and is the owner of a retail shopping complex on the property by virtue of the contract between himself and the 1st Claimant.

The 2nd Claimant alleged that the 1st Claimant and her sister Sussana Frimpong-Manso (deceased) informed him the property was gifted to their mother Madam Janet Asoh Mensah by her late husband.

The 2nd Claimant also alleged that the mother also gifted the property to her surviving children including the 1st Claimant and her other siblings by customary gift.

2nd Claimant argued that at the time 2nd Respondent acquired the interest in the property, the grantor had died and therefore the 2nd Respondent acquired his interest fraudulently because no interest could have passed to the 2nd Respondent as the said Janet Asoh Mensah had long died.

Case of the Applicant The Applicant on 7th June 2022 filed a Notice of Dispute and an Affidavit of Interest dated 23rd November 2022 on the basis that the Property, for which an order of po