SALAMA vs. SHARANI [1973]DLHC2201

Date	1973-07-26
Suit No.
Citation No.	[1973]DLHC2201

ABBAN J.

R. I. QUANSAH FOR THE CLAIMANT.

S. K. TETTEH FOR THE JUDGMENT CREDITOR.

[1973]DLHC2201
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													<main id="main" class="content" style="min-height: 60rem" >SALAMA<o:p></o:p>&nbsp;vs.<o:p></o:p>&nbsp;SHARANI <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 364<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
26 JULY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

R. I. QUANSAH FOR THE CLAIMANT.<o:p></o:p>

S. K. TETTEH FOR THE JUDGMENT CREDITOR.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>In this
interpleader suit, the claimant-plaintiff is contending that the house on plot
No. 9, block 18, Aboabo No. 2, Kumasi, is the family property of the
claimant-plaintiff, and cannot therefore be attached and sold in execution of
the judgment debt of one Alhaji Zambo.<o:p></o:p><o:p>&nbsp;</o:p>This
Alhaji Zambo is a brother to the claimant-plaintiff. Judgment was given against
him by this court and in execution of that judgment the house in dispute was
attached. The claimant-plaintiff put in an interpleader, claiming as already
stated, that the house is not the self-acquired property of the said Alhaji Zambo.
In his evidence the claimant-plaintiff said apart from the judgment debtor, he
has another brother called, Alhaji Salasu and three sisters-Manya, Hassana and
Ajara. He alleged that their father originally owned a house at old Zongo,
Kumasi. That house was pulled down by the Municipal Council, Kumasi, when the
present Kumasi central market was about to be constructed. The
claimant-plaintiff, his brothers and sisters were all living with the father in
that house. But at the time of the acquisition of the said house by the
Municipal Council, the father had died. So the compensation of £G70 which the
said council had to pay for acquiring the house was received by the judgment
debtor, he being the eldest of all the children who, according to their Moslem
custom, succeeded to the properties left by their father.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
claimant-plaintiff further alleged that £G11s. out of the said compensation of
£G70, was used by the judgment debtor in acquiring the plot of land on which
the house in dispute was built. The plot was acquired from the Asantehene
through one Asobonteng. He contended that all the children, including himself
and the judgment debtor, contributed financially to put up the house which
consists of twelve rooms; and although all the documents pertaining to the land
and the house are in the name of the judgment debtor, the judgment debtor is
not the owner of the house.<o:p></o:p><o:p>&nbsp;</o:p>Alhaji
Zambo (at times spelt Sambo), the judgment debtor, was the only witness called
by the claimant-plaintiff. Alhaji Zambo denied that the house is his personal
property. The judgment-creditor-defendant called the building inspector
attached to the Kumasi City Council. This witness said from the records of the
council, the plot on which the house in dispute was built was allocated to the
judgment debtor, and the house itself is also in the name of the judgment
debtor.<o:p></o:p><o:p>&nbsp;</o:p>The issue
then is who owns the house in dispute? That is, is the house the joint property
of the judgment debtor and his brothers and sisters, and therefore family
property, or is the judgment debtor the sole owner of that house? The letter
dated 23 April 1952, exhibit 1, written by the Asantehene’s Lands Office and
addressed to the Town Engineer, Kumasi, shows that the land was granted to
Alhaji Zambo (Sambo), the judgment debtor, alone. The application for the
building plan was made by the judgment debtor; and the building plans
themselves, as well as the building permit for the house, were all in the name
of the judgment debtor: see exhibit 2. Apart from the oral evidence, the
claimant-plaintiff could not produce documentary evidence or any record from
the Kumasi City Council (successor to the Municipal Council) to show that his
father was among the persons whose properties were affected during the
construction of the said central market and to whom the council paid
compensation. Nothing was produced to show that the judgment debtor did collect
£G70 or any money from the Kumasi Municipal Council.</main>