<h2 class="ql-align-center">JUDGMENT</h2><p><strong>TORKORNOO (MRS), J.A.</strong></p><p>The Plaintiff/Appellant in this matter sued three Defendants and obtained judgment. He then attached H/No Plot 70, Block E, Kwadaso South, Kumasi in execution of the judgment. The 1^st Defendant/Judgment/Debtor had executed a mortgage over the property as security for the debt over which judgment had been obtained and this was ostensibly the reason why the Appellant attached the property.</p><p>The claimant Respondent filed a claim to the attached property on the ground that he had a joint interest in the property. His position was that the property was willed to him, other siblings, and the 3^rd Defendant/Judgment/Debtor by their father. As such, the property could not be mortgaged by the 3^rd judgment debtor acting through the 1^st judgment debtor without his consent, and could not be disposed off in settlement of the 3^rd Defendant/Judgment/Debtor’s debt because of his joint interest.</p><p>His claim was resisted by the Appellant and the competing claims were set down in …</p>