JUDGMENT
[1] The Claimant/Plaintiff (hereinafter referred to as “The Plaintiff”) commenced the instant action against the Execution Creditor/Defendant (hereinafter referred to as “The Defendant”) by filing a Notice of Claim dated 25th February 2025 in respect of property described as Plot No. 6, Oleander Street, Humphrey Tenzagh Residence, East Legon Accra (“The Property”), attached by the deputy sheriff.
[2] In response to same, the Defendant filed a Notice of Dispute of Claim on 17th March 2025.
[3] Subsequently the parties were ordered to appear in court for the issues between them to be settled. Thereafter, the parties filed their Affidavits of Interest on 5th May 2025 and 7th May 2025.
[4] Parties filed their Witness Statements and Pre-trial Checklists as ordered by the court on 2nd July 2025 and 22nd July 2025. Trial proceeded on 10th December 2025 and ended on 11th December 2025.
THE CASE OF THE PLAINTIFF
[5] It is the case of Plaintiff that the property in dispute initially belon…