GH - KOW BROWN vs ASN FINANCIAL SERVICES LIMITED

Following a judgement given in favour of the Plaintiff on the 10th day of November 2016, the Plaintiffs attached the properties of the judgement/debtor in execution of the judgement.

On the 19th January 2018, African Support Network filed a notice of claim in respect of two of the attached properties claiming ownership of the said properties seized in execution of a judgement.

On the 14th day of June 2018, the Claimant filed an affidavit of interest in which they deposed that, the Plaintiff/Execution Creditor/Applicant in execution of the judgement has wrongfully attached two of their properties.

In disputing the claim, the Plaintiff states that, when the application was brought for the execution of the attached properties, Africa Support Network boldly indicated that it owned the said properties.

However, in their affidavit of interest it is clear that they do not have any such ownership.

In support of the plaintiff’s submission, the Plaintiff referred the court to Orders 44 and 48 of the High Court Civil Procedure Rules 2004 (C. I 47) to the effect that the Claimant must be a person who has interest in the attached properties or the proceeds thereof.

The Plaintiff avers that the Claimant has no interest in the two properties that have been attached and describes the Claimant as an intermeddler and a disinterested by stander who has no standing before the court.

The Claimant’s counsel states that, the Claimant has a legal interest in the property the subject matter of the claim and the Claimant took steps to transfer the said interest to 3rd parties.

The Claimant avers that the equitable interest is resides in those 3rd parties but because the transaction has not been completed the legal title remains in the Claimant and they can rightfully make a case for the 3rd party who holds the equitable interest. In the light of the above facts the court has been called upon to determine whether the Claimant’s affidavit of interest filed by it can be sustained in view of the objection taking to same on the basis that it has no interest whatsoever in the said property as it asserts same has been passed on to a third party whose interest has accrued.

Orders 44 & 48 of the High Court Civil Procedure Rules in essence provide that the Claimant must be a person who has interest in the attached properties or the proceeds thereof.

A Claimant who has no interest in an attached property therefore has no business in making a claim to same.

In the present action, th