PERRY ADDOQUAYE vs NDK FINANCIAL SERVICES LIMITED

Pursuant to a Judgment obtained by Defendant herein in the substantive suit; Suit No. BFS/0522/2019 intituled NDK Financial Services v. Alice Addoquaye and Samuel Addoquaye, the Defendant herein as the Judgment Creditor in the substantive suit attached the property of 1st Judgment Debtor in the substantive suit (Alice Addoquaye) in execution of the said Judgment.

Plaintiff herein filed a Notice of Claim in respect of the attached property which is described as 15 A Hibiscus Street, Prestige Homes, NTHC Properties, Adjiriganor, Accra claiming ownership of same. Defendant herein in disputing the said Notice of Claim filed a Notice in Dispute.

By the nature of the averments in the Affidavit of Interest filed on behalf of the Claimant and Affidavit in Dispute filed on behalf of the Execution Creditor, the Court was of the opinion that the issue between the parties could only be determined after a trial.

The Court therefore ordered the parties to file their respective Witness Statements for the hearing.

For the purposes of the trial, the Court directed Claimant to be Plaintiff and the Execution Creditor to be Defendant.

PLAINTIFF’S CASE

Plaintiff’s case is that he acquired the attached property on 7th June, 2020 when his sister-in-law, Alice Addoquaye (the 1st Judgment Debtor in the substantive matter), the owner of the property transferred same to him.

That the said Alice Addoquaye had earlier on taken a loan from SIC Life and had used the said property as a Mortgage to secure the said facility. When she defaulted, SIC Life filed an originating Motion under Act 773 for a warrant to take possession of the said property; which was granted by the Court.

That officials of SIC Life, the Police and Court bailiffs had gone onto the said property to take possession of same when he had a distress call about what was happening.

Then when he got to the said property he saw that 2nd Judgment Debtor in the substantive suit who is his elder brother (Samuel Addoquaye), his wife Alice Addoquaye (the 1st Judgment Debtor) and their two young children were on the verge of being ejected from same. That he decided to help the family out of homelessness by paying off Alice Addoquaye’s indebtedness to SIC Life.

He stated that he had an agreement with SIC Life and Alice Addoquaye to fully pay Alice Addoquaye’s debt so that the said property will be transferred to him. To that end, Alice Addoquaye transferred the said property to him and wrote letters to SIC Life to hand ove