Good News Co-operative v. Grace Amoyaw and Frederick Amoyaw
2018
COURT OF APPEAL
GHANA
CORAM
- Aduama Osei, J.A. (Presiding)
- Dzamefe, J.A.
- M. Welbourne, J.A.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case centers around the ownership of a property attached by the plaintiff/judgment creditor in execution of a judgment debt. The claimant, Frederick Amoyaw, asserted ownership, claiming the property was built by his father for his children. The trial court dismissed the claim due to lack of evidence and ordered execution to proceed. Frederick appealed the decision, but the appellate court dismissed the appeal as it was filed out of time and lacking in merit. The judgment emphasized the burden of proof in civil cases and the adherence to statutory periods for filing appeals.
DZAMEFE, JA The Claimant/Appellant in this appeal, Frederick Amoyaw on 17/4/15 issued a notice of claim on the ownership of Plot No. 34 Block B at Kromoase, Kumasi, the said house been attached by the Plaintiff/Judgment/Creditor to the above-named suit in execution of a judgment debt against the defendant.
The claimant averred that the plaintiff in the case took an action against the defendant and obtained judgment.
That the execution of the Fifa was made and the House, No. plot 34 Block B, Kromoase, Kumasi belonging to the defendant was attached.
That on 17/4/15 he filed notice to claim the attached property and on 22/4/15, the Plaintiff/Judgment/Creditor filed a notice disputing the claimant’s claim.
The Registrar on the 29th April, 2015 issued the order for claimant and Plaintiff/Judgment/Creditor to attend court on 26th May, 2015 for the determination of claimant’s claim.
The claimant in his evidence said he is a Systems Administrator and a son to the defendant in the case (mother). He averred the house in issue was built by their father, Ernest Amoyaw between 2004-2009 and they moved into the house in 2010. That three (3) months ago they found a notice posted on the house to the effect that same was to be auctioned because their mother (defendant) had used the house as collateral to secure a loan she defaulted in paying.
It is the claimant’s case that the house does not belong to the defendant, Grace Amoyaw.
He said the father acquired the land in 1999 for his children.
Their father Ernest Amoyaw testified to confirm the claimant’s evidence that he bought the land in the name of his children and built the house.
He said he is an Akuapem who inherits patrilineally and so used the children’s name for the documents covering the house.
He insisted the house in issue does not belong to the defendant but for him.
Regina Asamoah told the court he is a banker with the plaintiff company.
That the defendant used her home to secure a loan for one Betty Kyei who defaulted in repayment.
She informed the defendant who also failed to pay.
She tendered exhibits 1, 2, 3 and 4, which are the allocation note, statutory declaration, site plan and a valuation report on the house given to the bank by the defendant as collateral for the loan.
She said the house belongs to the defendant and not the claimant.
JUDGMENT: The trial High Court Judge in his judgment said he carefully perused Exhibits A, B, 2 and 3 and held that aside the signatures of the allotee,