Romantic Furniture Manufacturing Ghana Ltd Vrs Obodia [2023] GHAHC 279 (7 August 2023)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, COMMERCIAL DIVISION, HELD IN ACCRA ON MONDAY, THE 7TH DAY OF AUGUST 2023 BEFORE HIS LORDSHIP FRANCIS OBIRI ‘J’ SUIT NO. CM/INTD/0395/2023 ROMANTIC FURNITURE MANUFACTURING GHANA - PLAINTIFF LIMITED Vs 1. DREAM HOLDINGS LIMITED - DEFENDANTS 2. KELVIN K. KOBIRI AND JOSEPH NII TORGBOR OBODIA II - CLAIMANT ---------------------------------------------------------------------------------------------------------------- RULING ---------------------------------------------------------------------------------------------------------------- On 31st March, 2023, the Claimant filed notice of claim in respect of a landed property which had been attached in execution of judgment by the Plaintiff/Judgment Creditor. The Plaintiff filed notice to dispute the Claimant’s claim on 12th April, 2023. The parties later appeared in Court upon an application by the Registrar of this Court. The Claimant filed its affidavit of interest and subsequently witness statement on 29th June, 2023 upon the Orders of this Court. The Claimant attached a judgment of a High Court dated 29th June, 2022 which had declared the Claimant family as the owner of the land which the Plaintiff/Judgment Creditor has attached. When the Plaintiff/Judgment Creditor was served with the witness statement and the exhibit of the Claimant, it conceded to the Claimant’s claim to the attached property. The Claimant is not a party in the original suit between the Plaintiff/Judgment Creditor and the Defendants/Judgment Debtors. The Plaintiff/Judgment Creditor therefore filed notice of withdrawal of its notice to dispute the Claimant’s claim to the attached property. It was filed on 1st August, 2023. The Claimant counsel has been served. Even though the Plaintiff and its counsel are not present today, I will however, rely on the authority of THE REPUBLIC v COURT OF APPEAL, ACCRA, EX PARTE: EASTERN ALLOY COMPANY LIMITED [2007-2008] 1 SCGLR 371 and grant the Plaintiff’s prayer in the notice of withdrawal to dispute the Claimant’s claim. Consequently, the Plaintiff notice to dispute the Claimant claim filed on 12th April, 2023 is strike out as withdrawn. The attached property is hereby discharged attachment and from any encumbrance as well. I order accordingly. No order as to cost. SGD. FRANCIS OBIRI (JUSTICE OF THE HIGH COURT) COUNSEL COUNSEL FOR THE PLAINTIFF ABSENT COUNSEL FOR THE DEFENDANTS ABSENT PETER OKUDZETO FOR THE CLAIMANT AUTHORITY REPUBLIC v COURT OF APPEAL, ACCRA, EX PARTE: EASTERN ALLOY COMPANY LIMITED [2007-2008] 1 SCGLR 371