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HUNU AKWEI V. SURESH SADHWANI

July 30, 2009

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law
  • Contract Law

AI Generated Summary

Following an appeal and remittal from the Court of Appeal, the High Court resolved an interpleader arising from Suit No. C 315/03 concerning plots at Motorway East Industrial EstatesAccra that had been attached by a judgment creditor. The claimant relied on exhibit C (Land Registry No. 1946/1998), reflecting a registered 1994 lease from Nii Afotey Odai IV to Hunu Akwei and another, and supported the record with a 2004 Lands Commission search (exhibit L). The judgment creditor relied on Emmanuel Mensah Xenyas alleged interest under an unstamped, unregistered 1999 deed of assignment (exhibit B) and a 1997 guarantee (exhibit 4) in which Xenya claimed among his assets nine plots at Spintex Road and warranted good title. The court held exhibit B legally worthless under the Stamp Act and ineffective under Act 122, rejected the ill-compliant letter (exhibit 1), and recognized that registration under Act 122 raises a presumption of ownership the defendant failed to rebut. The court declared title in the claimant, ordered release of the attachment, issued a perpetual injunction, and awarded nominal damages.

JUDGMENT