FIRST NATIONAL SAVINGS & LOANS CO. LIMITED vs. NANA KWESI KODUA AND AKUA NIMO [2015]DLHC3537

Date	2015-10-15
Suit No.	SUITNO./19/15
Citation No.	[2015]DLHC3537

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

FARIDA ALI MUSAH FOR PLAINTIFF.

SULLEY SAMBIAN FOR DEFENDANT.

[2015]DLHC3537
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">FIRST
NATIONAL SAVINGS &amp; LOANS CO. LIMITED<o:p></o:p></a>vs.<o:p></o:p>NANA KWESI KODUA AND AKUA NIMO <o:p></o:p>[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">

SUITNO./19/15&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; &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 OCTOBER, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>FARIDA
ALI MUSAH FOR PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HER LADYSHIP 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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JUDGEMENT<o:p></o:p>

</div>Ownership
of Property numbered Plot 18 A Block 'E" Adweeho, Mampong in the Ashanti
Region is the subject matter of the instant interpleader suit brought by one
Akua Nimo.<o:p></o:p>The
genesis of this suit is that First National Savings and Loans Co. Ltd obtained
judgment against one Nana Kwesi Kodua and subsequently attached the property in
dispute. Akua Nimo filed a notice of claim on 28/11/2014. Upon service of the
said notice on the execution creditor, her claim of ownership was disputed as
per the notice filed on 17/12/2014. Subsequently, all the parties, including
the Judgment Debtor were served with hearing notices for the determination of the
issue of ownership of the property in issue.&nbsp;
At the direction of the court, the Claimant was made the Plaintiff and
the Execution creditor, the 1st Defendant.&nbsp; In order to effectively deal with the issue
in controversy and to avoid multiplicity of suits, the judgment debtor, Nana
Kwesi Kodua, who actually used this property as security for the credit
facility was joined as the 2nd Defendant.<o:p></o:p>As
earlier indicated, the sole issue for determination is whether or not Akua Nimo
is the owner of the property numbered Plot 18A Block 'E" Adweeho, Mampong in the Ashanti Region?<o:p></o:p>The
Plaintiff sought to prove her case through her lawful attorney, Kwaku Attakorah,
who identified himself as a sister of the Plaintiff. According to him, the 2nd
Defendant is the ex-husband of the Plaintiff.&nbsp;
In giving an account of how the property was acquired, Kwaku Attakorah
said the plaintiff who lives in Germany sent some money to him to acquire a
piece of land. Subsequently, he acquired plot number 18A which formed part of the Ofiri Stool Land but was
owned by Opanin Kwadwo Bonsu. He put in evidence various documents to show that
the land was indeed allocated in the name of the Plaintiff and the building
thereon was put up at her instance. The documents so tendered included a site
plan (exhibit B); allocation letter from Ofiri Stool Lands (exhibit C);
Application letter for a building plot (exhibit D); letters from Asante Mampong
Traditional Council and Stool Lands Administration (exhibits E &amp; F) and
Receipts of payments in respect of plot registration, property rate &amp;
ground rent (exhibit G series). Further, Attakorah tendered in evidence a
search report from the Lands Commission as exhibit H to buttress his point that
the land in issue belongs to Akua Nimo but not Nana Kwesi Kodua.&nbsp; As such, he challenged the 1st Defendant's
right to sell this property in satisfaction of the debt owed by the 2nd
Defendant. <o:p></o:p>In
cross-examination, Attakorah told the court that Akua Nimo is the same person
as Adwoa Owusuaa. However, he failed to give any satisfactory explanation as to
why the allocation letter (exhibit D) predates the application for the building
plot (exhibit C).He also stated that the relationship between the Plaintiff and
the 2nd Defendant broke down two years after their child by name
Jennifer Kodua was born and that the documents covering the property were in
the custody of Jennifer.<o:p></o:p>Jennifer
Kodua testified as PW1. She told the court that Akua Nimo is the same person as
Rose Attakorah, also known as Adwoa Owusuaa.&nbsp;
She also corroborated Attakorah's evidence on the acquisition of the
plot in issue and the subsequent construction of the building thereon for her
mother. Again, PW1 confirmed that exhibits B,C,D,E, and F are the documents
covering the property.<o:p></o:p><o:p>&nbsp;</o:p>PW1
took the Plaintiff's case to another level as she recounted how the documents
got into the 2nd Defendant's possession.&nbsp; The following part of her evidence needs to
be reproduced for emphasis:<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; "... In 2009, I was a student
by then, my mother wanted me to visit her in Germany. I needed a guarantor but
my mother's name on my birth certificate is Rose Attakorah and she uses Adwoa
Owusuaa in Germany so she could not be a guarantor.&nbsp; My father's name on my birth certificate is
his name Isaac Tweneboah Kodua. At that time, my father did not have any landed
property they requested so he pleaded my mother g</main>