MARTIN ALAMISI AMIDU vs. THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) ………. 1ST CLAIMNANT AND ANATOR HOLDINGS COMPANY LIMITED AND ANATOR QUARRY COMPANY LIMITED (2ND CLAIMANTS) [2019]DLSC6497

MARTIN ALAMISI AMIDU vs. THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND... [2019]DLSC6497

Date	2019-06-27
Suit No.	CIVIL MOTION NO. J8/03/2018
Citation No.	[2019]DLSC6497

BENIN JSC

A. A. ACKUAKU JUNIOR FOR THE 1ST CLAIMANT WITH HIM GODFRED ANIM NYARKO AGYEI LARTEY FOR 2ND CLAIMANT

OSAFO BUABENG FOR 3RD DEFENDANT/JUDGEMENT / DEBTOR WITH HIM BENEDICTA ANTWI

GODFRED YEBOAH DAME DEPUTY ATTORNEY GENERAL FOR 1ST DEFENDANT/JUDGEMENT /CREDITOR WITH HIM

MRS HELEN ZIWU (SOLICITOR GENERAL) MRS STELLA BADU

(C.S.A)

MS YVONNE BANNERMAN (S.S.A) AND MRS AURIELLE ASARE BOATENG (A.S.A).

[2019]DLSC6497
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													<main id="main" class="content" style="min-height: 60rem" >MARTIN ALAMISI AMIDU<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED
AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) ………. 1ST CLAIMNANT<o:p></o:p>AND<o:p></o:p>ANATOR HOLDINGS COMPANY LIMITED AND ANATOR QUARRY COMPANY
LIMITED (2ND
CLAIMANTS)<o:p></o:p>[SUPREME
COURT, ACCRA]<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">

CIVIL MOTION NO. J8/03/2018&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 JUNE, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>A.
A. ACKUAKU JUNIOR FOR THE 1ST CLAIMANT WITH HIM GODFRED ANIM NYARKO<o:p></o:p>AGYEI
LARTEY FOR 2ND CLAIMANT<o:p></o:p>OSAFO
BUABENG FOR 3RD DEFENDANT/JUDGEMENT / DEBTOR WITH HIM<o:p></o:p>BENEDICTA
ANTWI.<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">

GODFRED
YEBOAH DAME, DEPUTY ATTORNEY GENERAL FOR 1ST DEFENDANT/JUDGEMENT /CREDITOR WITH
HIM MRS HELEN ZIWU (SOLICITOR GENERAL) MRS STELLA BADU, (C.S.A), MS YVONNE
BANNERMAN, (S.S.A) AND MRS AURIELLE ASARE BOATENG, (A.S.A). <o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>BENIN, JSC:- BENIN,
JSC:- The facts of this application are quite straightforward. The Anator
Holding Company Limited and its subsidiary Anator Quarry Company Limited,
called the Companies or 2nd Claimants, as the case may be, put in a claim of
interest in respect of certain properties which have been attached in execution
of a judgment rendered by this court in July 2014 in Suit number J7/10/2014
reported as Amidu (No. 3) v. Attorney-General; Waterville Holdings (BVI) Ltd
&amp; Woyome (No. 2) (2013-2014) 1 SCGLR 606. Their claim is also founded on a
claim of interest by the UT Bank in some of the assets, which claim is also
before this court in post-judgment proceedings arising from the action cited
above. The execution is at the instance of the 1st defendant, described as the
judgment creditor, who is the beneficiary of the judgment given in favour of
the plaintiff in the said suit. The 2nd Claimants assert that the buildings
attached in execution are owned by their Executive Chairman, Mr. Alfred Agbesi
Woyome, the 3rd Defendant, who is the judgment debtor. They also claim that the
movable assets comprising Plant and Machinery of the quarry situate at Mafi
Tswala in the Adidome District of the Volta Region are owned by them and not
the judgment debtor. They proceeded to claim that these assets, movable as well
as immovable, were used as collateral to secure a loan facility from the UT
Bank. They served copy of the notice of the claim on the UT Bank, describing
the Bank as the 1st claimant, whilst they are the 2nd Claimants. <o:p></o:p>In
paragraph 4 of the supplementary affidavit, deposed to by Mr. Siade Puplampu,
and filed on 14th December 2018, the real reason for the claim was stated that
those properties are subject of collateral security for loans contracted by the
companies with the UT Bank and “until such liabilities are discharged those
assets or collaterals remain encumbered.”<o:p></o:p>I
must state from the onset that the said Siade Puplampu deposed to four separate
affidavits in this matter on behalf of the companies. In all four affidavits he
deposed that he has “the authority of the Board of Directors of Anator Holding
Company Limited and Anator Quarry Company Limited, Joint Claimants herein” to
depose to each affidavit. He described himself as the Administrative Officer of
the Companies. These affidavits are:<o:p></o:p>(1)
Affidavit of interest of the Companies, filed on 22nd November 2018.<o:p></o:p>(2)
Supplementary affidavit of interest of the Companies, filed on 14th
December 2018.<o:p></o:p>(3)
Affidavit in support of motion on notice for leave to file further
supplementary evidence of interest by the companies, filed on 8th
January, 2019.<o:p></o:p>(4)
Further supplementary affidavit of interest, filed on 14th June,
2019.<o:p></o:p>They
show the extent of his knowledge and authorization given him to speak on behalf
of the companies. And from exhibits 1, 2 and 4 attached to his affidavit filed
on 14th June 2019, there are four directors of these two companies
and they include the judgment debtor and one Stephen Kwashie Woyome, who is
said to be the owner of Anator Holding LLC.<o:p></o:p>The
judgment creditor filed a notice disputing the claims. The UT bank did not
contest the claim at all, despite the fact that they were made party to the
application and were offered the opportunity to be heard. They were served with
all processes filed in the proceedings, according to court registry records. <o:p></o:p>Objection by judgment creditor<o:p></o:p>Let
me start by dealing with what appears to be an objection to the inclusion of
the immovable properties owned by the judgment debtor, in the affid</main>