CHARLES OBENG POKU
V.
JAMES BOATENG AND DENNIS YEBOAH

(2016) JELR 69798 (HC)    
High Court  ·  SUIT NO. INT 29/2015 ·  7 Nov 2016 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Core Terms Beta
claimant
judgment debtor
evidence
vehicle
judgment creditor
plaintiff
registration number
balance of probabilities
court
form c
mercedes benz
order
party
change of ownership letter
execution of the judgment debt
judgment
motor vehicle
admissible hearsay
aforementioned form c
basic principle of the law
bona fide property
civil procedure
cross examination
documentary evidence
evidence act
execution of judgment of the court
execution of the judgment
exhibit a.
exhibit c.
existence of a state of fact
high court
instant interpleader suit
interpleader suit
name of the defendant
notice of the claim
only witness
pergah transport ltd
proof of ownership
real evidence
required evidence of the facts
respect of a property
respect of the document
said mercedes benz vehicle
samir faris
sufficient evidence
supreme court
transfer of ownership form
understanding of the wording of order
william asuman

JUDGMENT

The Claimant/Plaintiff in this interpleader suit is contending that Mercedes Benz with registration number AS-8672-Z is his bona fide property, and cannot therefore be attached and sold in execution of the judgment debt of one James Boateng, the judgment debtor.

Judgment was given against the judgment debtor by this Court and in execution of the judgment the vehicle in dispute was attached. The claimant/plaintiff put in an interpleader, claiming as already stated that he had already purchased the vehicle from the judgment debtor before the same was attached. In his evidence, the claimant said it was one Asuman who brought the car to a garage at Santasi Roundabout, Kumasi prior to the purchase and that the vehicle was registered in the name of the Defendant/ Judgment Debtor. According to the claimant, they went to the Driver and Vehicle Licensing Authority (DVLA) office at Obuasi for the vehicle to be transferred into his name. Claimant tendered in evidence the Change of Ownersh…

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