Try asking the following...
RULING
This is a Ruling on an Affidavit of Interest filed by the Claimant on 26th April, 2023 and 30th
June, 2023 which the Plaintiff disputes by filing an Affidavit in Opposition on 4th May, 2023
and 7th July, 2023.
The facts of the matter is that on the 23rd of January 2019, the Plaintiff issued a Writ of
Summons and accompanying statement of claim against the Defendant for the reliefs
endorsed therein. On the 15th of January 2021 Judgment was granted in favour of the
Plaintiff. In accordance with Order 41 of C. I. 47 the Defendant was duly served with the
Entry of Judgment marked as Exhibit MEC 1.
The Defendant having failed to comply with the Entry of Judgment the Plaintiff attached
properties believed to belong to the Defendant. On 1st June 2021, the Claimant filed a Notice
of Claim with respect to the attached properties situate at Community 3, Tema and Torve-
Akatsi.
I have read the Claimant’s Affidavits of Interest and Written Submissions and the Plaintiff’s
Affidavits in Opposition and Written Submissions. I am of the considered view that the
issues which this court have been called upon to determine are:
1. Whether the Properties attached are the personal properties of the Claimant?
2. Whether the attached properties should be released from attachment?
I intend to resolve the 1st issue that is “Whether the Properties attached are the personal
properties of the Claimant”?
In doing so reference shall be made to relevant laws and authorities in relation to the subject
matter before me.
Order 44 rule 2 (5) of the High Court (Civil Procedure) Rules, 2004 C1. 47 provides as
follows:
"Subject to subrule (3) all property movable or immovable, belonging to the judgment
debtor and whether held in the judgment debtor's name or by another person in trust
for the judgment debtor or on the judgment debtor's behalf, is liable to attachment and
sale in execution of the judgment or order".
This provision indicates that it is none other than the property of the Defendant/Judgment
Debtor or any property of which the judgment debtor has some interest in that can be
attached for purposes of execution.
Order 44, rule 12 (1) of the High Court (Civil Procedure) Rules, 2004 C. 1. 47 provides as
follows:
"a person who makes a claim to or in respect of a property taken or intended to be
taken in execution under the process of the Court, or to the proceeds or value of any
such property, shall give notice of the claim to the Registrar and shall i