MR. PETER OSEI AFRIYIE v. PASTOR OSEI AGYEMANG & JANET OSEI AGYEMANG
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Property Law
- Family Law
- Equity
- Secured Transactions
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court ruled in favor of the Plaintiff, affirming her equitable and customary rights to the disputed property, which is subject to a mortgage by The Trust Bank. The mortgagee, as a secured creditor, has priority over the Defendants, who are unsecured creditors. The Deputy Sheriff is ordered to withdraw from the property.
JUDGMENT
The Defendants herein are the execution creditors in suit number OCC/52/2010 where they obtained judgment against one Pastor Osei Agyemang. The said Pastor Osei Agyemang is the husband of the Plaintiff (Claimant) in the instant interpleader proceedings.
Following the failure of Pastor Osei Agyemang to pay the judgment debt, the property in issue, House Number Plot 1 Block 6 A Asuoyeboah, Kumasi was attached by the Deputy Sheriff. The Plaintiff claimed ownership of this house and gave notice to the Registrar of this court on 16/03/2012.
The Registrar in turn caused a Notice to Dispute Claim to be served on the Defendants. On 20/06/2013, the court granted an ex-parte application filed by the registrar calling on the parties to appear in court for the determination of the claimant’s claim. That is, whether or not She is the owner of the property in dispute.
At the trial, the Plaintiff led evidence to the effect that she contributed financially to the acquisition of this property. According to her, Pastor Osei Agyemang, whom she has been married to since the year 1980, was awarded a Government contract to construct stores and stalls. For this project, the Plaintiff told the court that her husband requested her to supply sand so that they could use the profit for an investment. Thus, the disputed property was acquired in the year 1998. Aside this financial contribution towards the construction of the disputed house, the Plaintiff testified that Pastor Osei Agyemang sold two of the four houses which were acquired in the course of their marriage, but gifted the disputed one to her and their children, namely Maxwell Osei Agyemang, aged 32 and Christabel Osei Agyeman, aged 12. It is also her evidence that she has lived in this house with her husband and children for the past ten years. In cross-examination, the Plaintiff admitted that she was aware of the attachment of movable property from this house but her husband agreed that those items be taken away and that he would replace them. However, she denied any knowledge of the fact that her husband has mortgaged this property by a mortgage dated 17/09/2009 as per the search results from the Lands Commission, Kumasi. She told the court that her husband has petitioned for divorce. She tendered a copy of the divorce petition and the notice served on her to enter appearance as exhibit B.
To corroborate her evidence of customary gift of the disputed house, the Plaintiff’s brother gave evidence to the effect