THOMAS COBBINAH v. YAW ASIEDU & ISAAC KWOFIE
2018
COURT OF APPEAL
GHANA
CORAM
- F. KUSI-APPIAH JA (PRESIDING)
- G. TORKORNOO (MRS.) JA
- M. M. AGYEMANG (MRS.) JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case pertains to an interpleader action where the claimant argued that an attached property belonged to him and not a judgment debtor. The High Court previously ruled against him, but upon appeal, the appellant successfully demonstrated ownership through title deeds and rental agreements. The appellate court found there was no evidence of a transfer of title to the judgment debtor and reversed the trial judge's decision, allowing the appeal and ordering the release of the property from attachment.
JUDGMENT
AGYEMANG JA:
In this appeal against the judgment of the High Court, Accra, delivered on the 30th day of May, 2014, the claimant/appellant (referred to hereafter alternately as the claimant or the appellant), seeks a setting aside of the judgment entered on favour of the plaintiff/respondent (referred to as the plaintiff, or the respondent.
This judgment arose out of convoluted circumstances that commenced with a simple transaction for the sale of a Tipper truck by the judgment/debtor herein, to the plaintiff/respondent sometime in February 2008. The plaintiff/ respondent, a sand and stone contractor, negotiated to buy the Tipper truck for ¢550,000,000 (Five Hundred and Fifty Million Old Cedis). He made part-payment of ¢380,000,000 (Three Hundred and Eighty Million Old Cedis) to the judgment/debtor. He also bought new parts to replace parts out of use. He allegedly rented out the vehicle to the Rubber Estate Company for its use, in consideration of daily payment of the sum of ¢2000000 (Two million Old Cedis).
This transaction for the purchase of the truck went awry when two months after he took delivery of it, it was taken from him by the Police. This was in execution of a court order issued in respect of a suit another purchaser of the vehicle had successfully prosecuted against the judgment debtor.
Thus did the plaintiff commence suit against the judgment debtor at the court below. Judgment was entered for the plaintiff for the sums of: ¢10, 550,000; ¢380,000,000; ¢3402; ¢290,000; ¢690,000, with costs of GH¢3,000.
The plaintiff served the judgment debtor with an entry of judgment for the sum of GH¢516,412.00, and went into execution for the said sum by attaching property described as: Adepa Guest House, No.5 Nsawam Road, ABC Junction, Accra, allegedly belonging to the judgment debtor.
The claimant herein filed a notice of interpleader alleging the said property to be his, and not the judgment debtor’s. He alleged that the judgment debtor occupied the said property as his tenant.
An affidavit in opposition challenging the matters contained in the claimant’s affidavit having been filed, the matter was set down and determined as an interpleader suit, with the claimant as plaintiff and the judgment creditor as defendant. The plaintiff was allocated the burden of proof regarding his claim of ownership of the attached property.
The parties adduced evidence in respect of their respective positions. At the end of the hearing, the learned trial j