JOSEPH BERKO OWUSU VS AKWASI OSEI ADJEI & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE PATRICK BAAYEH (J)
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This interpleader action arose from a judgment in favor of the Plaintiff against the Defendant, leading to an attempted execution on property claimed by the Claimant. The Claimant traced her title and funding source to prior land sales, opposing the Plaintiff's attachment. The court reviewed claims, assignments, and consent issues from the Lands Commission, ultimately ruling the Claimant proved her title by preponderance of probabilities, declaring the attachment wrongful and awarding costs to the Claimant.
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