JOSEPH BERKO OWUSU VS AKWASI OSEI ADJEI & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE PATRICK BAAYEH (J)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
An interpleader proceeding in the Ghana High Court resolved a dispute over an attached house at Plot No. 660, East Legon, Accra. Joseph Berko Owusu, who obtained a 20 February 2018 judgment against Akwasi Osei Adjei, sought to execute by attaching the East Legon property. The claimant, Adjei’s wife, asserted ownership, describing her businesses (Goodlife Hospitality Limited and Body Services) and explaining that she acquired and developed the house using proceeds from earlier land holdings. She produced a 8 March 2015 deed of assignment from Mrs. May Kalmoni and Abdallah Queida in trust for her son, and a 2 October 2023 Lands Commission letter granting consent. The court reviewed the chain of title from a 1977 government grant to Justus Kwame Avudzivi, a 2007 assignment to Kalmoni and Queida (with 2008 consent), and concluded that the claimant proved title by a preponderance of probabilities. It set aside the attachment and awarded GHS 8,000 costs against the judgment creditor.
This is an interpleader action.
The Genesis of the Claimant’s claim is from a Judgment of this court (differently constituted) dated 20th February, 2018 where judgment was entered for the Plaintiff / J / Creditor (Joseph Berko Owusu) now referred to as Plaintiff against the Defendant / J / Debtor, (Akwasi Osei Adjei) now referred to as the Defendant.
In his attempt to execute the Judgment, the Plaintiff attached the property described as House No. Plot 660, East Legon Residential Area, Accra and also described as H / No. GA 28505713, Kinshasa Close, behind Godivah International School.
The Claimant has in pursuant of her contention as the owner of the property filed a notice of claim.
In her particulars of claim, the Claimant traced her root of title to Mrs. May Kalmoni and Abdullah Queida.
She averred that the Defendant is her husband.
That she runs a hospitality business known as Goodlife Hospitality Limited and its business includes hospitality, leisure and event planning services.
That before she incorporated her current company, she was dealing in cosmetics under the name Body Services with its registered office in Kumasi.
Out of the proceeds from the cosmetic business, Claimant says she acquired two plots of land in Ashanti Region and Accra.
That the Accra plot was acquired from Okplelor Sowah Din family per its head of family Eugene Odametey Sowah as the lessor (Exhibit D). That sometime in 2007, she acquired plot No. 82A Block H in the Adiennbrah Layout in Kumasi by a Deed of Assignment made between Kwasi Kyei Ofori as the Assignor and the Claimant as the Assignee in trust for her son Osei Kwame who was then a minor (see Deed of Assignment Exhibit E). That in 2015, she sold these two plots that is the Kumasi and Accra plots, and the proceeds used to acquire the disputed property Plot No. 660, East Legon Residential area. (property No. GA 285-5713 Kinshasan Close). It is Claimant’s case that at the time she purchases the disputed property, there was a structure on it which had been developed to lintel level and she continued to develop it and moved in after completing two bedrooms. Claimant avers that as the legal owner and trustee of the property her legal interest in the property was acquired through a deed of assignment dated 8th March, 2015 made between Mrs. May Kalmoni and Abdallah Queida as the assignors and herself in trust for her son Nana Kwame Osei Adjei as the assignee (see Exhibit G) Deed of Assignment.
That her assignors, by a