NDK FINANCIAL SERVICES LTD. vs ANDRE KWAME GYAMFIE

This Court was called upon to rule on the issue of the capacity of the Claimant, Eco-Commodities & Security to mount this Interpleader action on the 19th of October, 2022. The Court after reviewing all the evidence ruled that the Claimant had the capacity to mount the Interpleader claim.

Subsequently, the parties were ordered by the Court to file their respective Affidavits of Interest and Dispute.

Case of Claimant

The case of the Claimant as gleaned from an Affidavit of Interest filed by Christian Kpodar, the CEO of Eco Commodities & Securities Exchange is that the vehicle in issue was imported into this Country by one Maame Akua Amoako-Asomaning who requested T & Q Company Limited to sell same on her behalf. Claimant offered to buy the Vehicle at a price of USD$50,000.00 and subsequent to a part payment of USD$40,000.00 of the purchase price, an incomplete DVLA Form C was given to the Claimant pending the payment of the balance of USD$10,000.00. That the Vehicle has been attached in satisfaction of a Judgment obtained against the Defendant/Judgment Debtor (hereinafter referred to as the “Judgment Debtor”) under the false belief that the Judgment Debtor owns the Vehicle. That the said Maame Akua Amoako-Asomaning initiated an Interpleader proceeding to lay claim to the vehicle but the Honourable Court by a Judgment dated 21st February 2022 held that ownership of the Vehicle had been transferred to the Claimant.

Case of Plaintiff/Judgment Creditor

The case of the Plaintiff/Judgment Creditor is found in an Affidavit in Dispute filed on its behalf and deposed to by one Mark Ofori, the Recoveries Executive of the Plaintiff. Plaintiff contends that the vehicle was taken from the possession of Andre Gyenfie who owns it and had personal use of it and if it belongs to the Claimant herein, it would have been the first to file the Notice of Claim by virtue of its relationship with Andre Gyenfie. That Andre Gyenfie who is a Director of the Claimant is the very person who is using the corporate veil of the Claimant to perpetuate fraud on the Honourable Court by the use of the company to claim the vehicle that immediately upon the attachment of the vehicle, a Notice of Claim was filed in the name of Maame Akua Amoako-Asomaning. After the dismissal of the Interpleader, various attempts at staying execution failed and left with no option, the instant Interpleader was filed on the 7th June 2022 when vehicle had been advertised on 31st of May 2022 for sale on 15th Jun