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Ghana decisions
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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.
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ECUMENICAL DEVELOPMENT CO-OP SOCIETY UA VRS. WE CARE ORGANIZATION AND OTHERS (CS 887/1998) [2024] GHAHC 163 (21 February 2024)
The second interpleader application is barred by res judicata as the issue of the claimant's interest in the property was previously determined by a court of competent jurisdiction. The procedure adopted in the earlier interpleader was proper and the claimant has no interest in the disputed cold store. The present application constitutes an abuse of process.
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Discount Financial Services Vrs Tetteh and Nkansah Tetteh [2022] GHAHC 15 (12 December 2022)
The High Court dismissed a minor claimant’s interpleader claim, finding survey evidence showed the attached property was not his and allowing execution to proceed.
Arthur Vrs Kwakye [2022] GHADC 150 (24 November 2022)
The court acted within its discretion under the rules by determining the claim to the vehicle summarily on affidavit evidence. The applicant did not request cross-examination. There was no procedural error rendering the prior order void. The application to set aside and stay execution is dismissed.
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Ghana Commercial Bank Vrs Eastern Alloys Company Ltd and 2 Others [2018] GHASC 42 (4 July 2018)
The appeal fails because the 1st defendant did not timely and properly notify the existence of sufficient movable property, thereby waiving any right to object to the sale of immovable property; the attachment and sale was a procedural irregularity, not an illegality, and the appeal was filed within time as it was against a final decision.
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Agyeman Vrs Appiah and Another [2004] GHACA 14 (29 October 2004)
The appeal was dismissed because the appellants failed to provide sufficient evidence of joint ownership of the house, and the trial court's findings that the house belonged solely to the judgment debtor were supported by the lease and mortgage documents. The claims regarding the goods and procedural irregularities were either vague or not proper grounds for appeal.
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