Ndk Financial Services Vrs Hearts Of Lions Fc [2023] GHAHC 364 (19 January 2023)

Ndk Financial Services Vrs Hearts Of Lions Fc [2023] GHAHC 364 (19 January 2023)

Claimants established, on a balance of probabilities, that they owned the attached property through credible documentary and oral evidence, while the judgment creditor failed to provide any substantive evidence to the contrary; mere suspicion and hearsay do not amount to proof of ownership.

Citation
[2023] GHAHC 364
Parties
Judgment Creditor/defendant: NDK Financial Services; Judgment Debtor: Hearts of Lions FC; Judgment Debtor: Victor Ahiakpor; 1st Claimant/plaintiff: Owuompesika Jacinta Edem Akua; 2nd Claimant/plaintiff: Jasvy Selorm Ahiakpor
Court
High Court
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Interpleader Proceedings / Judgment
Outcome
claim upheld
Legal Topics
Burden of Proof, Ownership of Property, Execution of Judgment, Interpleader Proceedings
Source Language
English
Civil Procedure Property Law Burden of Proof Ownership of Property Execution of Judgment Interpleader Proceedings

Case Brief

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Parties

NDK Financial Services

Judgment Creditor/defendant

Hearts of Lions FC

Judgment Debtor

Victor Ahiakpor

Judgment Debtor

Owuompesika Jacinta Edem Akua

1st Claimant/plaintiff

Jasvy Selorm Ahiakpor

2nd Claimant/plaintiff

Procedural Posture

Interpleader Proceedings / Judgment

Legal Issues

  1. 1 Whether the attached property belongs to the claimants or the judgment debtor
  2. 2 Whether the 2nd claimant is properly before the court

Ratio Decidendi

Claimants established, on a balance of probabilities, that they owned the attached property through credible documentary and oral evidence, while the judgment creditor failed to provide any substantive evidence to the contrary; mere suspicion and hearsay do not amount to proof of ownership.

Court Disposition

claim upheld

Orders

  • The attached property at Community 25, Tema near Timberland Bar and Restaurant is discharged from further execution.
  • Costs of Five Thousand Ghana Cedis (GH¢ 5,000.00) awarded in favour of claimants.