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JUDGMENT
Kweku T. Ackaah-Boafo, JA
i. Introduction:
[1] The Plaintiff Ogochukwu Nnenne Ezeanya, the Judgment Creditor, caused a
Writ of Summons to be issued against the above named Defendant sometime in
November 2018 for certain reliefs endorsed on the Writ of Summons. The record
shows that even though the Defendant, who described himself as a Minister of the
Gospel of Jesus Christ, filed a Statement of Defence, he failed to attend Court to defend
the suit. The various reasons he gave for not attending Court are well stated in the
record and it is therefore unnecessary to rehash same in this decision. This court on
March 26, 2020 entered judgment in favour of the Plaintiff. At paragraph 33 of the
judgment the Court stated as follows:
“Based on the evidence heard and my analysis above I hereby enter judgment
in favour of the Plaintiff for the recovery of the amount of Ninety Million, Six
Hundred Thousand Naira (Ꜻ90,600,000.00); which equivalent in Ghana Cedis
is GH¢1,248,000.00 under the agreement dated 15th August, 2018.
Consequently, the Court hereby DISMISSES the Plaintiff’s Relief (A) which is
for an order of the Court to enable the Plaintiff to “take possession and
ownership of the Defendants properties used as collateral and for judicial sale
of same”. The Defendant’s primary obligation is to pay off the debt owed to the
Plaintiff. The Plaintiff’s right to take possession and dispose of the properties
may only become necessary as part of the execution of the judgment. The Relief
(B), is also therefore dismissed”.
[2] In pursuit of levying execution to realize the fruits of the judgment, the Plaintiff
proceeded to attach the landed properties that the Court had refused to grant her the
right to take possession. The properties are a Residential Property situate at Ofankor,
Accra and a Church Auditorium also situate at Ofankor, Accra. From the records, a
Valuation Report was issued by Messrs. Adnan Consult, which fixed market prices
for both properties. It is not disputed that the attached properties are the same
properties stated in the agreement executed between the Plaintiff and the Defendant
and the statutory declaration signed on 16 August, 2018, both of which were tendered
at trial as both Exhibits “A” and ‘B’.
[3] Against the background of the execution and the imminent sale of the attached
properties, the Registered Trustees of Lifeline Assembly International and one Ijeoma
Eze Akachukwu, presumably the spouse of the