JUDGMENT
The Plaintiffs herein commenced the instant interpleader action against the Defendant herein when the property described as house number 26 Block “FI”, Brofoyedru in the Atwima Kwanwoma District was attached in execution of a judgment debt by the Deputy Sheriff.
How did this judgment debt arise? Jesus is Evergreen Limited, the Defendant herein, obtained judgment against one Frank Aboagye in an earlier suit. The said Frank Aboagye refused to pay this judgment debt and the company attached the property in dispute under the pretext that it is the property of Frank Aboagye.
The issue before this court is whether or not house number 26 Block “FI” is the property of the Plaintiffs herein.
The burden of proof is on the Plaintiffs. Thus, they are required under sections 11(4), 12 (1) and (2) of the Evidence Act, 1975 NRCD 323, to introduce evidence of title so that on the balance of probabilities, it could be reasonably inferred that the property belongs to them.
The Supreme Court in the …