E & CO.383 FRANKLIN STREET BLOOMFIED vs. ENCOL LIMITED, EDWARD KRAMPAH AND SUSAN AMOAH ALEX KOFI COLEMAN

TORKORNOO (MRS), J.A. The Plaintiff/Appellant in this matter sued three Defendants and obtained judgment. He then attached H/No Plot 70, Block E, Kwadaso South, Kumasi in execution of the judgment. The 1st Defendant/Judgment/Debtor had executed a mortgage over the property as security for the debt over which judgment had been obtained and this was ostensibly the reason why the Appellant attached the property. The claimant Respondent filed a claim to the attached property on the ground that he had a joint interest in the property. His position was that the property was willed to him, other siblings, and the 3rd Defendant/Judgment/Debtor by their father. As such, the property could not be mortgaged by the 3rd judgment debtor acting through the 1st judgment debtor without his consent, and could not be disposed off in settlement of the 3rd Defendant/Judgment/Debtor’s debt because of his joint interest. His claim was resisted by the Appellant and the competing claims were set down in .....