STANDARD CHARTERED BANK LIMITED vs. MCMAN IMPORT & EXPORT CO. LTD. & ORS.AND GEORGE OSEI KUFFOUR [2013]DLHC3894

STANDARD CHARTERED BANK LIMITED vs. MCMAN IMPORT & EXPORT CO. LTD. & ORS.AND GEO... [2013]DLHC3894

Date	2013-03-15
Suit No.	SUIT NO.INTS/1/13
Citation No.	[2013]DLHC3894

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

MRS. KAREN WOBIL FOR THE PLAINTIFF.

MR. DANIEL ADDAI FOR THE DEFENDANT

[2013]DLHC3894
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													<main id="main" class="content" style="min-height: 60rem" >STANDARD CHARTERED BANK
LIMITED<o:p></o:p>vs.<o:p></o:p>MCMAN IMPORT &amp;
EXPORT CO. LTD. &amp; ORS.AND GEORGE OSEI KUFFOUR<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO.INTS/1/13&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;DATE: 15TH MARCH, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MRS. KAREN WOBIL FOR THE
PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ANGELINA
MENSAH-HOMIAH (MRS.) JUSTICE
OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>Standard Chartered Bank Ltd (The
Bank) instituted a debt recovery action against Mcman Import &amp; Export
Company Ltd and three others sometime in the year 2008. They obtained a
judgment in default of appearance&nbsp;&nbsp;
against Christopher Agyeman Senya, who was the 2nd Defendant
in that suit on 3rd June, 2011. In enforcing this judgment, the Bank
(Defendant in this interpleader suit) attached H/No. Plot 14, Ahenema Kokoben
believed to be the property of Christopher Agyeman Senya. One George Osei
Kuffour filed a notice of claim and was made the Plaintiff in these
proceedings.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff’s case was that he
purchased the house in contention and has been in possession since the year
2010 and had no notice of the Defendant’s judgment until the year 2012. Thus,
being a purchaser for value without notice, his title to the property should
not be disturbed. <o:p></o:p><o:p>&nbsp;</o:p>The Defendant’s case was that
Christopher Agyeman Senya executed a deed of Guarantee at the time he took the
credit facility from the Bank. And, this ‘Deed of Guarantee’ gives them the
right to go into execution and attach any property belonging to Christopher
Agyeman Senya, including H/No. Plot 14, Ahenema Kokoben.<o:p></o:p><o:p>&nbsp;</o:p>The main issue for determination is
whether or not the Defendant has a valid claim to H/No. Plot 14, Ahenema
Kokoben. In order to effectively resolve this issue, certain ancillary issues
must be determined. These are:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not Christopher Agyeman
Senya was, and is still the owner of H/No. Plot 14, Ahenema Kokoben?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not George Osei Kuffour
acquired a good title to the property?&nbsp; <o:p></o:p>At the trial, evidence was adduced
on behalf of the Plaintiff by his lawful attorney by name Joseph Kwame Osei.
His evidence was to the effect that he paid a total of GH¢20, 000.00 in the
year 2010 to one Theresah Frimpong as the purchase price of the disputed
property. He said the money was paid in two tranches. A receipt evidencing part
payment of GH¢12,000.00 was tendered as exhibit E. Having paid the money,
Theresah Frimpong handed an allocation paper from the Konadu Yiadom Stool land
and a site Plan to the Plaintiff. These were tendered as Exhibits B and B1. In
addition, she is said to have given an indenture on 19/02/2010 to the
Plaintiff’s lawful attorney. (Exhibit F).At the time of the sale, the Plaintiff
said he conducted a search at the lands commission but there was no known
encumbrance on the land. He told the court that whilst working on the land in
the year 2012, the Defendant’s lawyer approached him and indicated that there
was a problem over the land. Subsequently, a notice of attachment (Exhibit C)
was pasted on this property. Again, on 08/01/2013, the Plaintiff conducted a
search at the Lands Commission and there is still no known encumbrance on the
land (Exhibit D). <o:p></o:p><o:p>&nbsp;</o:p>In cross-examination, the
Plaintiff’s lawful attorney admitted the existence of two allocation papers in
respect of the same land (Exhibits 1 and B) and the fact that the signature of
the allottee attributed to George Osei Kuffour on these documents are
different.&nbsp; He also admitted that George
Osei Kuffour has two signatures but could not give any explanation to that
effect.<o:p></o:p><o:p>&nbsp;</o:p>