AGRICULTURAL DEVELOPMENT BANK VRS. RAKTIA HOLDINGS LTD AND ANOTHER (INTS/09/2023) [2025] GHAHC 49 (28 March 2025)

AGRICULTURAL DEVELOPMENT BANK VRS. RAKTIA HOLDINGS LTD AND ANOTHER (INTS/09/2023) [2025] GHAHC 49 (28 March 2025)

The Claimant failed to discharge the burden of proof regarding ownership of Plot No. 7, Block R, Kwamo, Ejisu, as his evidence was contradictory and he admitted having no interest in the property attached. The claim was therefore dismissed for lack of merit.

Citation
[2025] GHAHC 49
Parties
Execution/creditor: Agricultural Development Bank; 1st Defendant/judgment Debtor: Raktia Holdings Ltd; 2nd Defendant/judgment Debtor: Robert Akwasi Kwakye Nketia; Claimant: Alexie Kwasi Fosu
Court
High Court
Jurisdiction
Ghana
Judgment Date
28 March 2025
Case Number
INTS/09/2023
Procedural Posture
Interpleader / Judgment
Outcome
Claim dismissed
Legal Topics
Interpleader Proceedings, Burden of Proof, Ownership of Property Under Attachment, Contradictory Evidence
Source Language
English
Civil Procedure Property Law Interpleader Proceedings Burden of Proof Ownership of Property Under Attachment Contradictory Evidence

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Parties

Agricultural Development Bank

Execution/creditor

Raktia Holdings Ltd

1st Defendant/judgment Debtor

Robert Akwasi Kwakye Nketia

2nd Defendant/judgment Debtor

Alexie Kwasi Fosu

Claimant

Procedural Posture

Interpleader / Judgment

Legal Issues

  1. 1 Whether the Claimant proved ownership of Plot No. 7, Block R, Kwamo, Ejisu attached in execution
  2. 2 Whether contradictory evidence by the Claimant defeats his claim

Ratio Decidendi

The Claimant failed to discharge the burden of proof regarding ownership of Plot No. 7, Block R, Kwamo, Ejisu, as his evidence was contradictory and he admitted having no interest in the property attached. The claim was therefore dismissed for lack of merit.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim to Plot No. 7, Block R, Kwamo, Ejisu is dismissed for lack of merit.
  • Costs of GH₡50,000.00 awarded in favour of Agricultural Development Bank against Alexie Kwasi Fosu, to be paid immediately into Court for the benefit of the Execution/Creditor.