FIRST NATIONAL SAVINGS & LOANS CO. LIMITED v. NANA KWESI KODUA & AKUA NIMO
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Property Law
- Evidence Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court was tasked with determining the ownership of the property numbered Plot 18 A Block 'E' Adweeho, Mampong in the Ashanti Region. After analyzing the evidence, the court found that the Plaintiff, Akua Nimo, failed to prove her title to the property. The property was determined to be the bona fide property of the 2nd Defendant, Nana Kwesi Kodua. Judgment was entered in favor of the 1st Defendant/Execution Creditor, First National Savings & Loans Company Ltd, now known as GN Bank.
JUDGMENT
Ownership of Property numbered Plot 18 A Block 'E" Adweeho, Mampong in the Ashanti Region is the subject matter of the instant interpleader suit brought by one Akua Nimo.
The genesis of this suit is that First National Savings and Loans Co. Ltd obtained judgment against one Nana Kwesi Kodua and subsequently attached the property in dispute. Akua Nimo filed a notice of claim on 28/11/2014. Upon service of the said notice on the execution creditor, her claim of ownership was disputed as per the notice filed on 17/12/2014. Subsequently, all the parties, including the Judgment Debtor were served with hearing notices for the determination of the issue of ownership of the property in issue. At the direction of the court, the Claimant was made the Plaintiff and the Execution creditor, the 1st Defendant. In order to effectively deal with the issue in controversy and to avoid multiplicity of suits, the judgment debtor, Nana Kwesi Kodua, who actually used this property as security for the credit facility was joined as the 2nd Defendant.
As earlier indicated, the sole issue for determination is whether or not Akua Nimo is the owner of the property numbered Plot 18A Block 'E" Adweeho, Mampong in the Ashanti Region?
The Plaintiff sought to prove her case through her lawful attorney, Kwaku Attakorah, who identified himself as a sister of the Plaintiff. According to him, the 2nd Defendant is the ex-husband of the Plaintiff. In giving an account of how the property was acquired, Kwaku Attakorah said the plaintiff who lives in Germany sent some money to him to acquire a piece of land. Subsequently, he acquired plot number 18A which formed part of the Ofiri Stool Land but was owned by Opanin Kwadwo Bonsu. He put in evidence various documents to show that the land was indeed allocated in the name of the Plaintiff and the building thereon was put up at her instance. The documents so tendered included a site plan (exhibit B); allocation letter from Ofiri Stool Lands (exhibit C); Application letter for a building plot (exhibit D); letters from Asante Mampong Traditional Council and Stool Lands Administration (exhibits E & F) and Receipts of payments in respect of plot registration, property rate ground rent (exhibit G series). Further, Attakorah tendered in evidence a search report from the Lands Commission as exhibit H to buttress his point that the land in issue belongs to Akua Nimo but not Nana Kwesi Kodua. As such, he challenged the 1st Defendant's right to sel