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RULING
1. 0 Background 1. 1 This is interpleader proceedings pursuant to notice the Claimant filed on 27 November 2017 following the Deputy Sheriff’s attachment of acres of land at Aburi in the Eastern Region for judicial sale in satisfaction of a judgment that plaintiff had obtained in this court and had subsequently sought to levy against defendant.
The Claimant represented by one Osman Alhassan Gomda deposed to an affidavit dated 13 April 2018 that the Claimant, Prime Estate Limited (PEL) is the owner of the land by means of a lease dated 20 March 2007, attached as Exhibit A. Gomda states that the defendant judgment debtor Prime Papers Limited (PPL) is not the owner of the land; neither does it have any interest in the subject matter.
1. 2 Plaintiff judgment execution creditor (plaintiff) admits Claimant’s ownership of the land by means of the lease Exhibit A but strongly disputes Claimant’s claim.
Plaintiff contends that on 17 October 2007, by means of a Tripartite Legal Mortgage Exhibit C1, the Claimant, the Defendant, and the Plaintiff executed the mortgage document, Exhibit C1, which described the Claimant as ‘Surety/Mortgagor’ who agreed and consented to the use of its land, Exhibit A, the subject matter land as security for grant of loan facility by plaintiff to defendant.
Plaintiff contends that defendant failed to retire the facility, compelling plaintiff to secure judgement against defendant.
Plaintiff contends further that the terms in Exhibit C1 provided among others that in event of defendant’s default to repay the loan facility, plaintiff shall sell the mortgaged land Exhibit A by public auction.
1. 3 At its scheduled sitting on 9 May 2018, the court realized that the question in issue between the parties is whether plaintiff can validly attach the land for sale.
By consent of the lawyers and pursuant to Order 48 Rule 8 of the High Court Rules, the court resolved to determine the dispute summarily.
The court directed the lawyers to file their written submissions as to their legal perspective on the matter, which they have dutifully complied.
2. 0 Finding of facts on record 2. 1 It is settled that the application of the relevant law, and thus the ultimate decision of a court in a suit depends invariably on primary facts that the court correctly finds in the case.
Quaye v Mariamu [1962] GLR 93, SC at page 95. See also Domfeh v. Adu [1984-86] 1 GLR 653. I proceed therefore to state and resolve some of the facts on record which I dee