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JUDGEMENT
[1] The Claimant/Plaintiff (hereinafter referred to as “The Plaintiff” ) commenced the instant action against the Execution Creditor/Defendant (hereinafter referred to as “The Defendant”) by filing a Notice of Claim dated 25th February 2025 in respect of property described as Plot No. 6, Oleander Street, Humphrey Tenzagh Residence, East Legon Accra (“The Property”), attached by the deputy sheriff.
[2] In response to same, the Defendant filed a Notice of Dispute of Claim on 17th March 2025.
[3] Subsequently the parties were ordered to appear in court for the issues between them to be settled. Thereafter, the parties filed their Affidavits of Interest on 5th May 2025 and 7 th May 2025.
[4] Parties filed their Witness Statements and Pre-trial Checklists as ordered by the court on 2nd July 2025 and 22nd July 2025. Trial proceeded on 10th December 2025 and ended on 11th December 2025.
THE CASE OF THE PLAINTIFF
[5] It is the case of Plaintiff that the property in dispute initially belonged to one Humphrey Tenzagh who later sold it to him. Thereafter, he effected the necessary transfer into his name and registered same at Lands Commission.
[6] That he entered into the said agreement with Humphrey Tenzagh after he gave him financial assistance of Three Hundred and Fifty Thousand United States Dollars (US$350,000) to enable Humphrey augment his business.
[7] Plaintiff testified that he represented his company Eagle Star Mining International Limited to give the said assistance to Humphrey’s company known as Hilson Petroleum Ghana Ltd as his representative in 2023.
[8] The two companies executed an agreement for the said Three Million Ghana Cedis to be paid directly to BOST to enable Hilson Petroleum Ghana Ltd to secure product from BOST G 40 Collection account.
[9] That the said $350,000 was to be repaid in six (6) months but Humphrey Tenzagh defaulted.
[10] Plaintiff testified that Humphrey Tenzagh prepared a Site Plan in his name thereby transferring his interest to him. Thereafter he started making the necessary registration at Lands Commission for the transfer of the Land Title into his name.
[11] That in the course of the registration, he saw the advertisement of the property mentioned for sale. Plaintiff inquired about it and filed the instant claim before the court.
[12] The Plaintiff is therefore praying the Court to set aside the attachment by the Court on the disputed property.
THE CASE OF THE DEFENDANT
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