[2024]DLSC17457 • February 28, 2024 • Supreme Court

ELECTROLAND GHANA LIMITED vs. MADAM PAULINA ADOMAKO & KINGSLEY ADOMAKO

The plaintiffs, Electroland Ghana Limited, obtained summary judgment against the defendant, Madam Paulina Adomako, for GH¢1,004,747.70 with interest at the commercial bank rate from January 2014 until final payment, together with costs assessed at 7% of the judgment sum. In execution of that judgment, the plaintiffs sought to attach House No. 04800375 10 NNK 04, Ashalley Botwe. Kingsley Adomako, the husband of the judgment debtor, filed a notice of claim asserting ownership of the property. The dispute therefore turned on whether the attached property belonged solely to the claimant husband or whether the judgment debtor wife had a proprietary or equitable interest in it sufficient to permit attachment in satisfaction of her debt. Portion of judgment: “The matter before us was activated by the attempt by the plaintiffs to execute the judgment by attempting to attach House No 04800375 10 NNK 04, Ashalley Botwe in satisfaction of the judgment obtained. One Kingsley Adomako claimant the husband of the Defendant, filed a notice of claim to the property in question.”

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JUDGMENT LOVELACE-JOHNSON JSC: The designation of the parties at the trial court will be maintained in this appeal. The plaintiffs obtained a summary judgment against the defendant at the high court in this suit on 20th December 2017. The court delivered itself in part as follows: “I will accordingly grant the application for summary judgment and further grant leave for the plaintiff to recover the GHc 1,004,747.70 together with interest at the commercial bank rate from January 2014 till date of final payment” The court also assessed costs at 7% of the above sum. The matter before us was activated by the attempt by the plaintiffs to execute the judgment by attempting to attach House No 04800375- 10 NNK 04, Ashalley Botwe in satisfaction of the judgment obtained. One Kingsley Adomako (claimant) the husband of the Defendant, filed a notice of claim to the property in question. The plaintiffs in reaction filed a notice of dispute after which the claimant also filed an ...