[2019]DLSC6497June 27, 2019Supreme Court

MARTIN ALAMISI AMIDU vs. THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) ………. 1ST CLAIMNANT AND ANATOR HOLDINGS COMPANY LIMITED AND ANATOR QUARRY COMPANY LIMITED (2ND CLAIMANTS)

The 2nd Claimants, Anator Holding Company Limited and Anator Quarry Company Limited, claimed interest in certain properties attached in execution of a 2014 Supreme Court judgment in favor of the 1st Defendant (judgment creditor). They asserted ownership of movable and immovable assets, including quarry plant and machinery and residential properties, arguing these were collateral for loans from UT Bank. The judgment debtor, Alfred Agbesi Woyome, was alleged to own the properties, but the 2nd Claimants claimed he had transferred shares to Anator Holding LLC (USA). UT Bank did not contest the claims despite being served. The judgment creditor disputed the claims, particularly the ownership and encumbrance of the properties.

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BENIN, JSC:- BENIN, JSC:- The facts of this application are quite straightforward. The Anator Holding Company Limited and its subsidiary Anator Quarry Company Limited, called the Companies or 2nd Claimants, as the case may be, put in a claim of interest in respect of certain properties which have been attached in execution of a judgment rendered by this court in July 2014 in Suit number J7/10/2014 reported as Amidu (No. 3) v. Attorney-General; Waterville Holdings (BVI) Ltd & Woyome (No. 2) (2013-2014) 1 SCGLR 606. Their claim is also founded on a claim of interest by the UT Bank in some of the assets, which claim is also before this court in post-judgment proceedings arising from the action cited above. The execution is at the instance of the 1st defendant, described as the judgment creditor, who is the beneficiary of the judgment given in favour of the plaintiff in the said suit. The 2nd Claimants assert that the buildings attached in execution are owned by their Executive Chairman, M...