KWAME BAKALA v. ERIC AMOAH BAMPO & GRACE BOATEMAA

JUDGMENT

Kwame Bakala (the Defendant herein) obtained judgment against Eric Amoah Bampo in suit number RPC 146/2012, Commercial Court, Kumasi but he failed to satisfy the judgment debt. Consequently, a landed property numbered Plot PSU/BIX Suntreso; Kumasi was attached in execution of the judgment debt. Grace Boatemaa (the Plaintiff herein and mother of Eric Amoah Bampo) claimed an interest in the said property. This has brought about the instant interpleader proceedings.

The court heard the case summarily. The claimant was made the Plaintiff and the Execution Creditor, the Defendant. The issues for consideration are: (i) whether or not the trustees of the Calvary Revival Mission can deal with the Church’s property in any manner without recourse to the church (ii) whether or not the signatures on the Statutory Declaration and Power of Attorney attributed to the Plaintiff were forged and (iii) whether or not the Plaintiff has any interest in the disputed property.

This being a civil suit, the onus of proof lies first on the Plaintiff who has alleged that she has some interest in the property. The standard of proof, like in all land matters is very high. As far as the issue of forgery is concerned, proof must be to the standard required in criminal cases.

The Plaintiff’s evidence was rather terse. She testified that the property in dispute belongs to the Calvary Revival Church and she is a Religious Minister of that church. She added that all documents on the said property are in the name of the church and given time, she can obtain copies from the Lands Commission. This became unnecessary because the Defendant tendered in evidence a copy of the Lease which the Plaintiff would have obtained from the Lands Commision. It was her testimony that she travelled to seek medical treatment and on her return, it came to her notice that her son by name Eric Amoah Bampo who lived with her had used the title documents as a collateral security in respect of a loan. She told the court that her son did so without her consent and that she would discuss with her church members to assist her to pay off the loan. She did not tender any document in support of her case.

On the part of the defendant, he testified that Eric Amoah Bampo applied for a loan and it was a condition that a security be provided. According to him, Eric Amoah Bampo produced a lease of the property in dispute, a power of attorney from the Plaintiff herein as well as his own statutory declaration to the