Flokids Company Limited Vrs Amoateng [2022] GHAHC 38 (1 December 2022)

Flokids Company Limited Vrs Amoateng [2022] GHAHC 38 (1 December 2022)

The claimant failed to discharge the burden of proof to establish ownership or interest in the disputed vehicle, having not produced any documentary evidence in his name or credible explanation for the absence of such documents, and the evidence supported the plaintiff's position that the vehicle belonged to the defendant.

Citation
[2022] GHAHC 38
Parties
Plaintiff/judgment Creditor: Flokids Company Limited; Defendant/judgment Debtor: Gabriel Amoateng (Alhaji); Claimant: Eric Obeng Acheampong
Court
High Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Procedural Posture
Notice of Dispute (execution Proceedings) / Summary Determination After Evidence
Outcome
Claim dismissed
Legal Topics
Execution of Judgment, Ownership of Property Under Execution, Burden of Proof
Source Language
English
Civil Procedure Commercial Law Execution of Judgment Ownership of Property Under Execution Burden of Proof

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Parties

Flokids Company Limited

Plaintiff/judgment Creditor

Gabriel Amoateng (Alhaji)

Defendant/judgment Debtor

Eric Obeng Acheampong

Claimant

Procedural Posture

Notice of Dispute (execution Proceedings) / Summary Determination After Evidence

Legal Issues

  1. 1 Whether the claimant established ownership, interest, or right in the disputed vehicle attached in execution

Ratio Decidendi

The claimant failed to discharge the burden of proof to establish ownership or interest in the disputed vehicle, having not produced any documentary evidence in his name or credible explanation for the absence of such documents, and the evidence supported the plaintiff's position that the vehicle belonged to the defendant.

Court Disposition

Claim dismissed

Orders

  • Plaintiff is at liberty to continue with the execution process.
  • Claimant to pay costs of GHS 2,000.00 to the Plaintiff.