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MR. PETER OSEI AFRIYIE V. PASTOR OSEI AGYEMANG AND JANET OSEI AGYEMANG

(2015) JELR 67719 (HC)

High Court  •  SUIT NO.INTS/13/12  •  10 Feb 2015  •  Ghana

Coram
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Appearances
KWAME ANTWI AFRIYIE FOR PLAINTIFF; KWABENA POKU MENSAH FOR DEFENDANT.

Judgement

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The Defendants herein are the execution creditors in suit number OCC/52/2010 where they obtained judgment against one Pastor Osei Agyemang. The said Pastor Osei Agyemang is the husband of the Plaintiff (Claimant) in the instant interpleader proceedings.

Following the failure of Pastor Osei Agyemang to pay the judgment debt, the property in issue, House Number Plot 1 Block 6 A Asuoyeboah, Kumasi was attached by the Deputy Sheriff. The Plaintiff claimed ownership of this house and gave notice to the Registrar of this court on 16/03/2012. The Registrar in turn caused a Notice to Dispute Claim to be served on the Defendants. On 20/06/2013, the court granted an ex-parte application filed by the registrar calling on the parties to appear in court for the determination of the claimant’s claim. That is, whether or not She is the owner of the property in dispute.

At the trial, the Plaintiff led evidence to the effect that she contributed financially to the acquisit…

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