KOFI OWUSU v. BET EXPORT GHANA LTD. & ALBERT KOBINA KOOMSON
2015
HIGH COURT
GHANA
CORAM
- Samuel K. A. Asiedu
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves Kofi Owusu filing a suit against Bet Exports, who counterclaimed and won. Upon execution of judgment, properties allegedly purchased by Albert Kobina Koomson were attached. Koomson contested, arguing he was a bona fide purchaser. The court found that the disputed property was distinct from those preserved by the court order and declared Koomson's purchase lawful, protecting him as a bona fide purchaser without notice of the preservation order.
JUDGMENT
On the 8th day of September 2009, Kofi Owusu, the plaintiff in this matter, caused a writ of summons to issue against the defendant herein, Bet Exports (Gh) Ltd. The defendant filed a statement of defence in which it also made a counterclaim against the plaintiff.
Before the hearing of the matter, precisely, on the 25th day of November 2009, the defendant obtained an order for the interim preservation of “Next Door Hotel situate at Ekumfi Swedru on the Mankesim Accra Road, Next Door Drinking Spot situate near Royal Palace Hotel, Next Door Cold Store situate near Royal Palace Hotel, Unnumbered House situate at Mankesim and KIA Trade Vehicle with registration number GE 7820 Z. These properties were said to be owned by the plaintiff. The interim order was to remain in force for a period of ten days.
It appears that the order for interim preservation granted on the 25th November 2009 was modified and expanded to cover an unnumbered house situate at Asene near Saviour Church. This happened on the 2nd day of February 2010 when the court granted an order for the preservation of the said properties pending the determination of the case.
After the hearing of the case, the court dismissed the plaintiff’s claim and entered judgment for the defendant on its counterclaim. The defendant then sought to go into execution in order to realize the fruits of its victory. It therefore attached certain properties, purportedly, belonging to the plaintiff including a building which, for the meantime, is being run as a Guest House.
It is instructive to remark that by his application for a writ of fieri facias filed on the 19th June 2014, counsel instructed the Sheriff to attach “All immovable property belonging to the plaintiff”. The court is of the view that this instruction given by counsel is very vague and ambiguous and that counsel should have gone ahead to specify the very immovable properties of the plaintiff which he desires the Sheriff to attach in execution in order to dispel all doubts about the nature of the properties to be attached.
After the attachment, the claimant, Albert Kobina Koomson, filed a Notice of Claim on the 11th September 2014 stating that he claims ownership, by way of purchase, of the piece and parcel of land with buildings thereon, situate, lying and being at Pompomu Akwakrom via Mankesim. The defendant judgment creditor disputed the claim of the claimant and after an initial ruling by the court in respect of submission made by counsel