OGOCHUKWU NNENNE EZEANYA v. EZE AKACHUKWU TEMPLE AND REGISTERED TRUSTEES OF LIFELINE ASSEMBLY INTERNATIONAL AND IJEOMA EZE-AKACHUKWU

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