Kugblenu v Info Source GH Ltd and Another (GJ/0124/2017) [2025] GHAHC 121 (11 April 2025)

The Claimants failed to discharge the burden of proof to establish ownership of the vehicles. Official DVLA and insurance documents showed the vehicles were owned by the Defendants, not the Claimants. Therefore, the vehicles can be seized in execution of the judgment.

Citation: [2025] GHAHC 121
Parties: Plaintiff/judgment Creditor/defendant: Francis Kugblenu; Defendant/judgment Debtor: Info Source GH Ltd; Claimant/plaintiff: First Response Limited; Claimant/plaintiff: Comsys GH Ltd
Court: High Court
Jurisdiction: Ghana
Judgment Date: 11 April 2025
Case Number: GJ/0124/2017
Procedural Posture: Interpleader Proceedings (execution of Judgment) / Judgment
Outcome: Claim dismissed
Legal Topics: Interpleader, Ownership of Attached Property, Burden of Proof
Source Language: English

Civil Procedure Evidence Execution of Judgments Interpleader Ownership of Attached Property Burden of Proof

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Parties

Francis Kugblenu

Plaintiff/judgment Creditor/defendant

Info Source GH Ltd

Defendant/judgment Debtor

First Response Limited

Claimant/plaintiff

Comsys GH Ltd

Claimant/plaintiff

Procedural Posture

Interpleader Proceedings (execution of Judgment) / Judgment

Legal Issues

1 Whether vehicle numbers UW 1979-20 and GE 3216-09 are the properties of the Claimants and cannot be seized in execution of the judgment obtained against the Defendants

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claimants' claim dismissed
Costs of Ghs15,000 awarded against each of First Response Limited and Comsys Limited in favour of the Execution Creditor