THOMAS MINKAH vs. JAMES OPOKU BAAH AND KWABENA TWUM

The Plaintiff herein caused an interpleader application to be filed on his behalf when the Defendant herein caused the property in dispute to be attached in execution of a judgment obtained against one James Opoku Baah at the Commercial Court, Kumasi. The Defendant filed a notice to dispute the Plaintiff’s title under Order 44 rule 12 (2) of the High Court (Civil Procedure) Rules 2004, C.I. 47. A notice was subsequently served on both parties for the issue of the Plaintiff’s title to the disputed property which has been variously described as H/N0. 18 Block NW 6022 Street, Breman and H/N0. Plot 30 Block C, Breman, to be determined. At the trial, the Plaintiff narrated the history behind his acquisition of the said property as follows: He bought the disputed property which had been built up to the lintel level from one Ama Serwaa in the year 1999 for nine (9) million Cedis as per the document of transfer tendered as exhibit A, allocation note and site plan (exhibits B and B1). Th...