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SMALL SCALE FINANCIAL ASSISTANCE CO. LTD. V. JOHN FREEMAN DONKOR AND OTHERS AND ABUSUAPANIN KWAKU MENSAH

(2018) JELR 65334 (HC)

High Court  •  SUIT NO. INTS 23/2016  •  31 Jul 2018  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Appearances
SHADRACH YEBOAH OBENG FOR CLAIMANT

Judgement

JUDGMENT

OSEI-HWERE J.

Background

In this interpleader action, the Claimant herein claims interest in property H/No. Plot 26 Block ‘B’ Asokwa New Amakom Extension, Kumasi (known as Freeman Hotel, Asokwa) which was attached by the Deputy Sheriff attached to this Court by a Writ of Fifa No. is 56/15 in the substantive suit entitled- SMALL SCALE FINANCIAL ASSISTANCE CO. LTD. V. JOHN FREEMAN DONKOR and OTHERS.

The Claimant’s Case

The basis of the Claimant’s claim as can be gleaned from the Notice of Claim is that the disputed property is the family Property of the Claimant’s family.

In his Affidavit of Interest, the Claimant set out the root of title of the said property. The Claimant repeated the said root of title per his evidence before the Court during the hearing. According to the Claimant, the disputed house belongs to the family of Opanin Kwame Asuming (deceased). The Claimant stated that he is the head of the said family which is an Aduana family at AbenaseDwenase near Ejisu in the Asha…

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