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OMEGA PARTNER LIMITED vs DATABANK ASSETS MGMT SERVICES LIMITED & ANOTHER

October 11, 2022

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE AFI AGBANU KUDOMOR (MRS.)

Areas of Law

  • Equity and Trusts
  • Civil Procedure
  • Property and Real Estate Law
  • Commercial Law

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.

RULING