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FIDELITY BANK GHANA LIMITED
V.
EMMANUEL ADOTEY ALLOTEY

(2025) JELR 115140 (HC)

High Court 2 Dec 2025 Ghana
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- The dispute centered on whether House No. 17, St. Fischer Street, New Achimota, Accra, subject to execution proceedings initiated by the Execution Creditor (a bank, as creditor in judgment against the Judgment Debtor), actually belonged t

Case Details

Suit Number:CM/MISC/ 0619/2020
Judges:JUSTICE EMMANUEL A. LODOH
Counsel:K.O. Owusu-Ansa, Esq. for Claimant. A.A. Somuah-Asamoah, Esq. for the Applicant/Execution Creditor.
Location:Accra

JUDGMENT

This judgment will seek to unpack the facts surrounding the issue whether or not an  immovable property presumably belonging to the Respondent/Judgment Debtor and  which was taken in execution pursuant to a warrant of possession obtained by the  Applicant/Execution Creditor (Hereinafter to be referred to as “Execution Creditor”) against the Respondent/Judgment Debtor said property belonged to the Claimant. 

Background

The background to this case is that the Court differently constituted following an  application filed by the Execution Creditor for an Order for a warrant to recover  possession of a property numbered House No. 17, St. Fischer Street, New Achimota in  the Greater Accra Region, granted same on 22 August, 2022 in the following words:

“IT IS HEREBY ORDERED that, leave be and is hereby granted the Applicant  for a warrant to recover possession of a Two-Bedroom property located at House  No. 17, St. Fischer Street, New Achimota in the Greater Accra Region in default  of …

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