[2018]DLHC3950 • October 16, 2018 • High Court
EM CAPITAL PARTNERS vs. ECOSAFE GHANA LIMITED SAMUEL OWUSU AND SELINA FATIMA OWUSU
EM Capital Partners obtained summary judgment against Ecosafe Ghana Limited and Samuel Owusu for an outstanding debt. Execution was initiated by attaching a property owned by Samuel Owusu. Selina Fatima Owusu, wife of Samuel Owusu, claimed a legal and proprietary interest in the attached property, asserting it as matrimonial home and that she contributed financially and materially to its acquisition and development. The Judgment Creditor disputed her claim, alleging no evidence of customary or ordinance marriage, no financial contribution, and that the property was self-acquired by Samuel Owusu. The case was tried summarily to determine the Claimant's interest in the property.
read morei. Introduction: [1] The Execution Creditor in this claim being EM Capital Partners caused a Writ of Summons to be issued against the Defendants herein and obtained a summary judgment from this Court differently constituted on July 13, 2015 for the reliefs endorsed on the writ including “an Order for the payment of the sum of GH¢10, 732.568.68 being the outstanding debt of the matured Corporate Bonds as at 26th May 2015 to date of final payment”. [2] In pursuit of levying execution to realize the fruits of the judgment, the Plaintiff proceeded to attach the landed property of the 2nd Defendant/Judgment Debtor’s unnumbered House opposite the Malaysia Embassy in Accra situate at Osu Badu Street Airport West, Accra on May 13, 2016 to sell and to satisfy the amount of the judgment debt. From the record, an auction sale was scheduled for January 13, 2017. [3] Against the background of the execution and the imminent sale on January 12, 2017 the Claimant, Selina Fatima Owusu who...