[1961]DLSC887October 3, 1961High Court

DAO vs. KLU (DZABA—CLAIMANT)

The claimant asserted that the land with buildings attached by the execution creditor in execution against the execution debtor was family property belonging to the Dzaba family. The execution debtor had built on the land with the claimant's permission under a license agreement involving annual payment of two bottles of schnapps and a condition to vacate upon request. The claimant contended the execution debtor had no attachable interest in the land as he was a licensee, not an owner.

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JUDGMENT OF OLLENNU J. In this interpleader suit, the claimant contends that the execution-debtor has no attachable interest in the land with buildings thereon which have been attached by the execution-creditor in execution of a decree of the court against the execution-debtor. His case is that the land is the property of his family, that the execution-debtor built on it with his, the claimant’s permission on terms that he should give him two bottles of schnapps each year in acknowledgment of his title, and that at any time he required the land for own purposes, he, the execution-debtor, would give him vacant possession and either pull down his said building or leave it intact. The evidence led by the claimant in support of his said case was corroborated by his witness Asafoatse Kai Ameboe. That evidence was not shaken in any way in cross-examination or by the evidence tendered by the execution-creditor. On the contrary, the line of the cross-examination pursued an implied.....