NDK FINANCIAL SERVICES LTD. (CM/INTD/0082/2018) [2023] GHAHC 413 (7 November 2023)

NDK FINANCIAL SERVICES LTD. (CM/INTD/0082/2018) [2023] GHAHC 413 (7 November 2023)

The claimant's lease agreement was neither registered nor stamped, and the timing of the transaction indicates an attempt to overreach the execution creditor. The court cannot condone acts intended to circumvent attachment of property in execution of judgment. The claimant's claim is dismissed, the lease agreement is set aside, and execution proceeds.

Citation
[2023] GHAHC 413
Parties
Plaintiff/judgment Creditor: NDK Financial Services Ltd.; Defendant/judgment Debtor: Kwashie Tailors & Dry Cleaners; Defendant/judgment Debtor: Michael Kwashie; Defendant/judgment Debtor: Yvonne Kwashie; Claimant/third Party: I Transport Limited
Court
High Court
Jurisdiction
Ghana
Judgment Date
7 November 2023
Case Number
CM/INTD/0082/2018
Procedural Posture
Interpleader Proceedings / Judgment
Outcome
claim dismissed
Legal Topics
Interpleader, Execution of Judgment, Bona Fide Purchaser, Lease Agreement, Attachment of Property
Source Language
English
Civil Procedure Property Law Enforcement of Judgments Interpleader Execution of Judgment Bona Fide Purchaser Lease Agreement Attachment of Property

Case Brief

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Parties

NDK Financial Services Ltd.

Plaintiff/judgment Creditor

Kwashie Tailors & Dry Cleaners

Defendant/judgment Debtor

Michael Kwashie

Defendant/judgment Debtor

Yvonne Kwashie

Defendant/judgment Debtor

I Transport Limited

Claimant/third Party

Procedural Posture

Interpleader Proceedings / Judgment

Legal Issues

  1. 1 Whether the claimant (I Transport Limited) has a valid interest in the attached property as against the execution creditor
  2. 2 Whether the lease agreement between the judgment debtors and the claimant is valid and enforceable against the execution creditor

Ratio Decidendi

The claimant's lease agreement was neither registered nor stamped, and the timing of the transaction indicates an attempt to overreach the execution creditor. The court cannot condone acts intended to circumvent attachment of property in execution of judgment. The claimant's claim is dismissed, the lease agreement is set aside, and execution proceeds.

Court Disposition

claim dismissed

Orders

  • Bailiffs to proceed with execution process
  • Lease agreement dated 13th November, 2018 between Michael Kwashie, Yvonne Kwashie and I Transport Limited set aside