Darfin Finance Co. Gh. Ltd Vrs Rehoboth Real Properties Ltd and Another [2022] GHAHC 125 (25 July 2022)

Darfin Finance Co. Gh. Ltd Vrs Rehoboth Real Properties Ltd and Another [2022] GHAHC 125 (25 July 2022)

The Claimant established title to the properties by producing valid Land Title Certificates and receipts evidencing payment, and her interest predated the execution. No evidence of fraud was provided by the Plaintiff/Judgment Creditor. The Claimant's equitable and legal interests are protected, and the properties are released from execution.

Citation
[2022] GHAHC 125
Parties
Plaintiff/judgment Creditor: Darfin Finance Co. GH. Limited; Defendant/judgment Debtor: Rehoboth Real Properties Limited; Defendant/judgment Debtor: Gideon Ayiku Akrofi; Claimant: Beatrice Bill
Court
High Court
Jurisdiction
Ghana
Judgment Date
25 July 2022
Procedural Posture
Interpleader / Judgment
Outcome
Claimant's claim succeeds; properties released from execution.
Legal Topics
Title to Land, Execution of Judgment, Interpleader Proceedings, Fraud Allegations
Source Language
English
Property Law Civil Procedure Title to Land Execution of Judgment Interpleader Proceedings Fraud Allegations

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 1
Sign in to unlock

Parties

Darfin Finance Co. GH. Limited

Plaintiff/judgment Creditor

Rehoboth Real Properties Limited

Defendant/judgment Debtor

Gideon Ayiku Akrofi

Defendant/judgment Debtor

Beatrice Bill

Claimant

Procedural Posture

Interpleader / Judgment

Legal Issues

  1. 1 Whether the Claimant has title to the properties in question
  2. 2 Whether the Claimant has perpetrated fraud

Ratio Decidendi

The Claimant established title to the properties by producing valid Land Title Certificates and receipts evidencing payment, and her interest predated the execution. No evidence of fraud was provided by the Plaintiff/Judgment Creditor. The Claimant's equitable and legal interests are protected, and the properties are released from execution.

Court Disposition

Claimant's claim succeeds; properties released from execution.

Orders

  • Properties known as House Numbers 6 & 8, East Palm Drive, Rehoboth Hills, Oyarifa, released from execution.
  • Cost of GHC10,000.00 awarded in favour of Claimant against Plaintiff/Judgment Creditor.