CAPITAL RELIANCE MICRO-CREDIT V YEBOAH (A2/41/2019) [2024] GHADC 532 (5 November 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG, CIRCUIT COURT JUDGE SITTING AS AN ADDITIONAL MAGISTRATE DISTRICT COURTGBESEACCRA ONTUESDAYTHE 5THDAYOF NOVEMBER, 2024. ----------------------------------------------------------------------------------------------------------- SUITNO. A2/41/2019 CAPITALRELIANCEMICRO-CREDIT :::PLAINTIFF VRS PATRICIA NANA AKUAYEBOAH:::DEFENDANT ---------------------------------------------------------------------------------------------------------- RULING ----------------------------------------------------------------------------------------------------------- This Court on 12th October, 2022, entered Judgment in favor of the Plaintiff herein. This Court is being prayed by Emmanuel Mensah through his Lawful Attorney Isaac Kofi Essel for the Court to take notice of his interest in the property sought to be attached by the Judgment/Creditor in satisfaction of the Judgment debt which is House No. 52, WobuStreet, Gbawe – Bulemin, which claimant praysis the jointly acquired property of himself and his wife, the Judgment debtor. It is the argument of the Judgment creditor that the claimant is not being honest with the Court because he unequivocally gave consent to the Plaintiff/judgment creditor via email that he was in support of the Defendant/judgment debtor being granted the loan and he agreed for the house at Gbawe Bulemi to be used as collateral. I find that the email being relied on by the Judgment Creditor refers to a house at Gbawe Bulemi. I find the author of the email agreed to the said house being used as collateral of a loan but this is where Ihavereservations. The email addresses referenced to by the claimant are private email addresses on both sides. It is expected that for official correspondence between a bank and its customers, the bank being a separate legal and understanding the weight of such correspondence will ensure that its officers do not employ private email addresses in official communications. Secondly, before this Court is one Emmanuel Mensah claiming to be the spouse and co- owner of the attached property. Per an attached email address of a person supposing to give consent to the property being an attached, the username that appears as sender of that email is “Sam”. I am not aware if Sam is the same as Emmanuel Mensah. It is concerning that given the magnitude of the consequence of the email to the application before this Court, the Judgment debtor did not find it needful to ensure that the person whom they claim gave his consent to his house being attached in execution of a Judgment debt is indeed the person whose house is being attached. I cannot, looking at the calamitous repercussions that will be occasioned if I allow an institution to attach a wrong person’s house in execution of a judgment debt, allow the Judgment creditor to proceed with its execution of the Judgment by attaching the said house that is House No.52, Wobu Street, Gbawe –Bulemin. The property which was presented to this Court for Reserved Price is property No. R219992 West Gbawe and since the Judgment Creditor did not provide to this Court that the claimant agreed for that house to be attached, I grant the Notice of Interest and Discharge the No. 52, Wobu Street, Gbawe Bulemin. H/H.NANA ADWOA SERWAADUA-ADONTENG (CIRCUITCOURTJUDGE)