October 11, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the High Court, Her Ladyship Justice Afi Agbanu Kudomor (Mrs.) ruled on an application by the Applicants, including Ellen Alexandra Koshie Bannerman‑Quist, seeking to set aside execution of a consent judgment dated 1 February 2018. The judgment creditor (Respondent) had attached six of the thirty‑two apartments at Plot No.2 Roman Ridge Ambassadorial Extension, which the Applicants claimed they had previously selected in the MAHOGANY block and marked with their names. The Plaintiff/Judgment Debtor, Omega Partners Ltd, through director Sophia Obeng Aboagye, supported the Applicants, but Exhibit D showed MAHOGANY is Block A and Block D is MAGENTA, undermining Sophia’s account. The court found no development plan or agreement identifying the apartments allocated to the Applicants, and applied certainty of subject matter principles from Boyce v Boyce and Re London Wine Co to hold that the six apartments were not identified and segregated before execution. The court dismissed the motion and awarded costs of GH¢4,000 against the Applicants.
MOTION ON NOTICE FOR AN ORDER TO SET ASIDE EXECUTION
This ruling is in respect of Applicants’ Motion on Notice for an Order to set aside execution of the judgment of this court dated 1st February 2018 pursuant to which Defendant/Judgment/Creditor/Respondent (referred to as Respondent) has attached six (6) of the thirty-two (32) apartments on Plot No.2 Roman Ridge Ambassadorial Extension (“the Property”) to be sold in satisfaction of the said judgment.
The relevant facts are that, by a judgment of this Court dated 13th October 2020, Applicants who were the Claimants to an interpleader action were unsuccessful in prosecuting their claims to be adjudged absolute owners of the Property.
Applicants filed this Motion with a supporting affidavit on the 4th of November 2021 and also filed a process titled “Further Supplementary Affidavit in Support” on the 9th of December 2021.
On the same 9th of December 2021, one Sophia Obeng Aboagye, claiming to be a Director of the Plaintiff/Judgment/Debtor (“Debtor”) also filed an Affidavit in Support of Applicants’ Motion. The Respondent on the 19th of November 2021 filed its Affidavit in Opposition to Applicants’ present Motion.
In essence, Applicants are by the present application praying this Court to now confirm ownership on the six (6) out of the thirty-two (32) apartments attached by the Respondent on them.
Applicants by paragraphs 7,8,9,10,11 and 12 of the affidavit in support of the instant application deposed to by 1st Applicant, Ellen Alexandra Koshie Bannerman-Quist assert that the six (6) apartments attached by the Respondent are their bona fide properties.
She deposed at paragraph 12 as follows; “… we have posted our names on all our apartments as notice to the whole world that the same belongs to us…”.
Applicants by way of their Exhibit D put in evidence the various labels; MAHOGANY, APRICOT, PASTEL, MAGENTA and IVORY as the various blocks of the Property.
On Exhibit D, apart from the IVORY Block that has eight (8) apartments, all the other Blocks are made up of six (6) apartments each.
Applicants at paragraphs 8 and 10 of their process titled “Further Supplementary Affidavit” filed on the 9th of December 2021 assert that it was because they had already chosen or selected specific apartments prior to the execution of the judgment of the Court dated 1st February 2018 that they claim to have interest in the six (6) apartments the Respondent has attached in execution of its judgment.
One, Sophia Obeng A