[2019]DLHC9096 • June 25, 2019 • High Court
ADOLF ADARKWA vs. ASN FINANCIAL SERVICES & MARSIE TYRE CENTRE
The Plaintiff/Judgment Creditor executed a judicial sale of the Defendant/Judgment Debtor's commercial property located at Madina, Accra, transferring title to a third party, the Purchaser. The Claimant, represented by its Managing Director, filed a Notice of Claim asserting a reversionary interest in the Property based on a Deed of Assignment executed in 2012, which granted the Defendant a 20-year leasehold interest with an option to renew for 10 years. The Purchaser disputed this claim. The Court was tasked with determining whether the Purchaser's title was subject to the Claimant's reversionary interest.
read morePursuant to and in execution of the judgment entered by this Court on the 17th October, 2016, Plaintiff/Judgment Creditor disposed of the commercial property of the Defendant/Judgment Debtor located at Madina, Accra (the “Property”) attached in execution by judicial sale carried out by or under the direction of the Registry of the Court. By a Certificate of Purchase dated 5th January, 2018 and issued by the Registry of this Court, title in the Property was transferred to the purchaser, Doreen Nkansah Appau (the “Purchaser”). However, on 16th January, 2018, the Claimant herein, per its Managing Director, Michael Asiedu, filed a Notice of Claim, claiming a reversionary interest in the Property. A Notice of Proof filed by the Claimant was to the effect that on 17th February, 2012, Mr. Asiedu, acting for and on behalf of the Claimant Company executed an assignment in favour of the Defendant/Judgment Debtor for a period of Twenty (20) years within the remainder of the years gra...