WILLIAM QUARTEY vs. NEIL HAMMOND [SETH QUARTEY, JOYCE QUARTEY AND DR. RICHARD A.AM. HAMMOND-CLAIMANTS] [2017]DLHC1277

WILLIAM QUARTEY vs. NEIL HAMMOND [SETH QUARTEY, JOYCE QUARTEY AND DR. RICHARD A... [2017]DLHC1277

Date	2017-01-27
Suit No.	SUIT NO.: RPC/389/2010
Citation No.	[2017]DLHC1277

SAMUEL K. A. ASIEDU J.

MR. RICHARD T. ANKRAH FOR THE CLAIMAINTS

[2017]DLHC1277
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													<main id="main" class="content" style="min-height: 60rem" >WILLIAM QUARTEY<o:p></o:p>vs.<o:p></o:p>NEIL HAMMOND<o:p></o:p>[SETH QUARTEY, JOYCE QUARTEY
AND <o:p></o:p>DR. RICHARD A.AM. HAMMOND-CLAIMANTS]<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), ACCRA]<o:p></o:p>&nbsp;<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO.: RPC/389/2010&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: 27TH
JANUARY, 2017<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;
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<p class="MsoNormal" style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">MR. RICHARD T. ANKRAH FOR THE CLAIMAINTS <o:p></o:p>

</div>CORAM: <o:p></o:p>HIS
LORDSHIP SAMUEL K. A. ASIEDU J.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
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padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The plaintiff in this matter issued a writ against
the within named defendant for the recovery of the sum of GH₵288,419.87. The plaintiff also asked for interest
at the rate of 28% on the sum claimed. Judgment was entered in favour of the
plaintiff on the 10th August 2011 after which entry of judgment was
served on the defendant. It appears from the record that the plaintiff attached
a property in his bid to execute the judgment. <o:p></o:p><o:p>&nbsp;</o:p>However,
before the property attached could be sold by way of auction, the claimants
herein filed a notice of claim but this notice could not be served on the
plaintiff before the property was sold at the auction. The claimants therefore
lodged an appeal to the court of appeal which after hearing the parties thereto
set aside the sale and made an order that the interpleader suit be heard by a
court differently constituted.<o:p></o:p>When
the matter was placed before this court, hearing notice was caused to be served
on the solicitor on record for the plaintiff but on the return date neither the
plaintiff nor his lawyer appeared in court to be heard. The court therefore
took evidence from the claimants who were represented by Seth Quartey the 1st
claimant herein and adjourned the case for judgment.<o:p></o:p>From
the evidence on record the court finds that the 1st and the 2nd
claimants are a husband and wife. The court finds further that the 1st
and the 2nd claimants bought the land the subject matter of
attachment herein from the 3rd claimant who was the owner thereof as
shown by exhibit tendered and received in evidence. The court finds that the
land measures 8.672 acres and it is situate at Kpomkpo near Abokobi in the
Accra Region. <o:p></o:p>There
is evidence on record to show that after the 1st and 2nd
claimant have bought the land from the 3rd claimant the 3rd
claimant executed a leasehold agreement in their favour. This indenture was
received in evidence as exhibit ‘B’.<o:p></o:p>The
court finds that after acquiring the land from the 3rd claimant, the
1st and the 2nd claimant put up about nine structures on
the said land. These structures which are houses are at various stages of
completion as shown by exhibit ‘C’ series received in evidence. However, before
putting up the structures on the said land the 1st and the 2nd
claimant obtained building permit evidenced by exhibit ‘D’ from the
La-Nkwantanan Madina Municipal Assembly.<o:p></o:p>The
court finds from the evidence on record that after the plaintiff had caused the
property in question to be attached the claimants conducted a search at the
Lands Commission and the result which was admitted in evidence as exhibit ‘E’
revealed that the land title certificate on the land bore the name of 3rd
claimant but with a different registration number of GA 30024. A copy of the
said certificate was received and marked exhibit ‘G’. However there is evidence
to the effect that before the 1st and 2nd claimant
acquired the land in question they conducted a search which showed that the
land in question was registered in the name of the 3rd claimant but
with a different registration number of GA 27010 as stated on exhibit ‘F’<o:p></o:p>