Capital Reliance Micro Credit V Yeboah (A2/41/2019) [2024] GHADC 669 (5 November 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG, CIRCUIT COURT JUDGE SITTING AS AN ADDITIONAL MAGISTRATE DISTRICT COURT GBESE ACCRAONTUESDAYTHE5THDAYOFNOVEMBER,2024. ----------------------------------------------------------------------------------------------------------- SUITNO.A2/41/2019 CAPITALRELIANCEMICRO-CREDIT:::PLAINTIFF VRS PATRICIANANAAKUAYEBOAH:::DEFENDANT ---------------------------------------------------------------------------------------------------------- RULING ----------------------------------------------------------------------------------------------------------- ThisCourton12thOctober,2022,enteredJudgment infavorof thePlaintiffherein.ThisCourtis beingprayedby EmmanuelMensah through his LawfulAttorneyIsaacKofi Essel fortheCourt to take notice of his interest in the property sought to be attached by the Judgment/Creditor in satisfactionoftheJudgmentdebtwhichisHouseNo.52,WobuStreet,Gbawe–Bulemin,which claimantpraysisthejointlyacquiredpropertyofhimselfandhiswife,theJudgmentdebtor. It is theargument of theJudgment creditor that theclaimant is notbeinghonest with theCourt 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 thesaidhousebeingusedascollateralofaloanbutthisiswhereIhavereservations. The email addresses referenced to by the claimant are private email addresses on both sides. It is expected that for official correspondence betweena bank and its customers, the bank being a separatelegalandunderstandingtheweightofsuchcorrespondencewillensurethatitsofficers donotemployprivateemailaddressesinofficialcommunications. Secondly,beforethisCourtisoneEmmanuelMensahclaimingtobethespouseandco-ownerof 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 debtordidnotfinditneedfultoensurethatthepersonwhomtheyclaimgavehisconsenttohis 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 allowaninstitutiontoattachawrongperson’s houseinexecutionof ajudgment debt,allowthe Judgment creditor to proceed with its execution of the Judgment by attaching the said house thatis HouseNo.52,WobuStreet, Gbawe–Bulemin.Thepropertywhichwas presentedtothis CourtforReservedPriceis propertyNo.R219992WestGbaweandsincetheJudgment Creditor did not provide to this Court that the claimant agreed for that house to be attached, I grant the NoticeofInterestandDischargetheNo.52,WobuStreet,GbaweBulemin. H/H.NANAADWOASERWAADUA-ADONTENG (CIRCUITCOURTJUDGE)