MARTIN ALAMISI AMIDU v. THE ATTORNEY GENERAL & ORS
2019
SUPREME COURT
GHANA
CORAM
- BENIN, JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Commercial Law
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Attorney-General sought to execute a judgment against Alfred Agbesi Woyome by attaching properties allegedly sold to UT Bank. The bank claimed ownership, but the Attorney-General contested the legitimacy of these sales, alleging collusion. The court ruled that UT Bank failed to provide sufficient evidence of genuine transactions, determining that the bank and Woyome colluded to prevent the properties' seizure. The court ordered that the attached properties could be used for execution, highlighting the importance of registration and compliance with statutory requirements for mortgage deeds.
RULING
BENIN, JSC: -
The Attorney-General, the 1st Defendant, described as the judgment creditor, is the beneficiary of a judgment entered for the plaintiff in this case, reported as Amidu (No. 3) v. Attorney-General; Waterville Holdings (BVI) Ltd. & Woyome (No. 2) (2013-2014) 1 SCGLR 606. The judgment creditor sought to go into execution against Alfred Agbesi Woyome the 3rd Defendant, described as the judgment debtor. In the process of execution, the judgment creditor attached two houses numbered 260 and 267 situate at Adjiraganor, Trassaco Valley, Accra, among others, which are said to be owned by the judgment debtor. Also attached are the plant and machinery of Anator Holding Company Ltd and its subsidiary Anator Quarry Company Limited, called the Companies. When the attachment got to the attention of the UT Bank (In Receivership) described as the Claimant, they put in a claim of interest, per the receivers in the following properties:
i. Residential property located at Trassaco Valley Estates, Accra described as plot no. 260.
ii. Residential property located at Trassaco Valley Estates, Adjiriganor, Accra described as plot no. 267.
iii. Residential property at Kpehe, Accra New Town, Accra, described as plot no 42, house no. 32
iv. Plant and Machinery of Anator Quarry Ltd.
The judgment creditor filed a notice of dispute. The Claimant filed an affidavit of interest wherein they said those two houses situate at Trassaco Valley were sold to the bank by the judgment debtor; they also claimed the Kpehe house and the Companies' assets were secured with them for a loan facility by the judgment debtor and the Companies, for a consolidated loan in favour of Anator Quarry Ltd. The facility is still outstanding. They claimed to have purchased house number 267 situate at Trassaco Valley as per the title deed, exhibit 2. They also claimed to have purchased house number 260 also situated at Trassaco Valley as per the sale contract, exhibit 3.
The judgment creditor disputed these claims, saying in an affidavit that the Claimant was in collusion with the judgment debtor in that, having regard to the facts on the ground, the purported sale of the two houses at Trassaco Valley was a sham. The parties also offered viva voce evidence.
In this matter, the burden of producing evidence is on the Claimant, in the first instance. They ought to lead evidence, albeit prima facie, to satisfy the court that they have a real or proper claim over the properties they have list