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

The defendants obtained a judgment against Pastor Osei Agyemang, husband of the plaintiff, and caused attachment of a property (House Number Plot 1 Block 6 A Asuoyeboah, Kumasi) owned by him. The plaintiff claimed ownership of the property, asserting she contributed financially to its acquisition and that the property was customarily gifted to her and her children by her husband. The plaintiff and her brother testified to the customary gift and financial contributions. The defendants failed to present evidence, including a witness from the Lands Commission, despite adjournments. The plaintiff acknowledged that legal title remained with her husband but argued he held the property in trust for her and their children. The property was mortgaged to a bank after the judgment debt was obtained by the defendants.

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 acquisition of this property. Ac.....