Amidu Vrs Attorney General and Others [2019] GHASC 47 (27 June 2019)

Amidu Vrs Attorney General and Others [2019] GHASC 47 (27 June 2019)

The court found that UT Bank's claim to properties 260 and 267, Trassaco Valley, was not supported by genuine sale or mortgage transactions. The evidence established collusion between the bank and the judgment debtor to shield assets from execution. The mortgage deeds were unregistered and unstamped, rendering them ineffectual against third parties. The properties are not encumbered and are available for execution.

Citation
[2019] GHASC 47
Parties
Plaintiff: Martin Alamisi Amidu; 1st Defendant / Judgment Creditor: Attorney General; 2nd Defendant: Waterville Holdings (BVI) Ltd; 3rd Defendant / Judgment Debtor: Alfred Agbesi Woyome; Claimant: UT Bank Ltd (In Receivership)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 June 2019
Procedural Posture
Civil Motion / Interpleader Proceedings / Ruling on Third Party Claim During Execution
Outcome
Claimant's application dismissed
Legal Topics
Interpleader, Execution of Judgment, Mortgage Registration, Fraud and Collusion, Stamp Duty, Burden of Proof
Source Language
English
Civil Procedure Banking Law Land Law Evidence Interpleader Execution of Judgment Mortgage Registration Fraud and Collusion +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Martin Alamisi Amidu

Plaintiff

Attorney General

1st Defendant / Judgment Creditor

Waterville Holdings (BVI) Ltd

2nd Defendant

Alfred Agbesi Woyome

3rd Defendant / Judgment Debtor

UT Bank Ltd (In Receivership)

Claimant

Procedural Posture

Civil Motion / Interpleader Proceedings / Ruling on Third Party Claim During Execution

Legal Issues

  1. 1 Whether UT Bank Ltd (in receivership) has a valid legal or equitable interest in properties numbered 260 and 267, Trassaco Valley, Adjiriganor, Accra, and other assets attached in execution against Alfred Agbesi Woyome.
  2. 2 Whether the purported sale and/or mortgage of the properties to UT Bank was genuine or a sham transaction intended to defeat execution.
  3. 3 Whether the mortgage deeds and related documents are valid and enforceable against third parties in the absence of registration and stamping.

Ratio Decidendi

The court found that UT Bank's claim to properties 260 and 267, Trassaco Valley, was not supported by genuine sale or mortgage transactions. The evidence established collusion between the bank and the judgment debtor to shield assets from execution. The mortgage deeds were unregistered and unstamped, rendering them ineffectual against third parties. The properties are not encumbered and are available for execution.

Court Disposition

Claimant's application dismissed

Orders

  • Execution to proceed against properties numbered 260 and 267, Trassaco Valley, Adjiriganor, Accra.
  • Claimant's (UT Bank's) interest in the properties is rejected.