OWUSU VRS. ADJEI AND ANOTHER (AP/231/2014) [2024] GHAHC 117 (21 May 2024)

OWUSU VRS. ADJEI AND ANOTHER (AP/231/2014) [2024] GHAHC 117 (21 May 2024)

The claimant proved her title to Plot 660, East Legon Residential Area by tracing her root of title, source of funds, and providing documentary evidence, including a deed of assignment and subsequent consent from the Lands Commission. The attachment by the plaintiff was therefore unwarranted and set aside.

Citation
OWUSU VRS. ADJEI AND ANOTHER (AP/231/2014) [2024] GHAHC 117 (21 May 2024)
Parties
Plaintiff/j/creditor: Joseph Berko Owusu; Defendant/j/debtor: Akwasi Osei Adjei; Defendant/j/debtor: DMT Collateral Ltd; Claimant: Rita Plange
Court
ghahc
Jurisdiction
Ghana
Judgment Date
21 May 2024
Procedural Posture
Interpleader Action / Judgment
Outcome
claim allowed
Legal Topics
Interpleader, Execution of Judgment, Ownership of Property, Burden of Proof
Source Language
eng
Civil Procedure Property Law Interpleader Execution of Judgment Ownership of Property Burden of Proof

Case Brief

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Parties

Joseph Berko Owusu

Plaintiff/j/creditor

Akwasi Osei Adjei

Defendant/j/debtor

DMT Collateral Ltd

Defendant/j/debtor

Rita Plange

Claimant

Procedural Posture

Interpleader Action / Judgment

Legal Issues

  1. 1 Whether the claimant, Rita Plange, is the legal owner of Plot 660, East Legon Residential Area, Accra, and entitled to have the attachment set aside.

Ratio Decidendi

The claimant proved her title to Plot 660, East Legon Residential Area by tracing her root of title, source of funds, and providing documentary evidence, including a deed of assignment and subsequent consent from the Lands Commission. The attachment by the plaintiff was therefore unwarranted and set aside.

Court Disposition

claim allowed

Orders

  • Attachment of Plot 660, East Legon Residential Area is set aside.
  • Cost of GH¢8,000.00 awarded to the claimant against the plaintiff/judgment creditor.