The circumstance that informed a Kumasi High Court’s decision to give green light to auctioneers to facilitate the sale of a widow’s property, to cover debts of her divorced husband (deceased) seems to have raised dust as she moves to petition the office of the Chief Justice for redress.
According to Angelina Gertrude Sarpong, she is still in shock over why the High Court, then presided over by His Lordship Justice Emmanuel Ankamah would deny her justice despite several applications and proofs presented to the court by his lawyers to contend ownership of the property.
“The property; plot No.20 Block T at Adiemra, Kumasi in the Ashante region, is for my children from a divorce court, and I am the Trustee, since my kids were minors, by an Accra High Court 2 from 1985 to 1991.
This property was bought straight in our son’s name then was given to all the five children of the marriage. And it has been our bona fide property for over30 years now.
Along the line with our consent, we allowed my Ex late husband to live there for running bankrupt and also became sick, since we were in Accra and later flew to the United States for the children to go to University”, Madam Sarpong explained.
Lawyer for Madam Gertrude Sarpong, William Kusi, of the Dominion Chambers, on his part, deliberating on the matter in an interview bemoaned the court’s decision, saying it was in bad taste.
He also noted that “When the man died, one of his daughters and his brother quickly went to court to issue a writ to the commercial court to claim that comfort and a certain Family Head were administrators of Frank Osei Assibey’s Estate, they took an action against them to recover some amount of money they alleged osei Assibey was indebted to a certain Abani when he was alive.
And then at the trial they filed a statement of defense… virtually admitting that the man was indeed owing the money, and then they went to the court to seek summary judgment , with two reliefs that either the court entered judgment for the recovery of the money or entered judgment for judicial sale of the house, then we had to come into the issue when they attached the house to sell it, so immediately we saw it we filed an inter pleader as the rule required, through the inter pleader we had to prove to the court that the property did not belong to the late Osei Assibey, then they would also prove why the thing was for Osei Assibey, but as soon as we filed at the court then they said our license as a law firm, our chamber registration had expired”.
He explained that “Our chamber registration is an annual thing; it was supposed to expire in November, so we went to court to advance amendment, then the Judge said no, we even had to go to the Legal Council for a cover letter, showing it was supposed to be renewed in November then the Judge again said no, the Legal Council could not lecture him law, and because the inter pleader had come from our law firm it was declared NULL and VOID , so we said ok the party’s themselves could file the inter pleader , so we filed an appeal on their behalf, but we saw that they were still pursuing the agenda of selling the house, so we applied for a search at the lands Commission and it became clear that Frank Osei Assibey had transferred the property to one of his sons, Papa Kwame Owusu Sekyere, and with Angelina Gertrude Sarpong holding the property in trustee “.
However, a search results intercepted by this paper, and Signed by Nana Yaa A.A Nnuro, Regional Lands Officer, (Legal Department) revealed that there was an assignment dated 27th august, 1982 and made between the late Frank Osei Assibey and Angelina Gertrude Sarpong in trust for Papa Kwame Owusu-Sekyere (minior) which was registered on 6th September, 1982 under title No. 9731 and Serial NO. 537/82.
According to the search results, an application for consent to assignment was also made “between Papa Kwame Owusu-Sekyere of the one part and Franklin Osei Assibey, Linda Osei Assibey, Sandra Osei Assibey, and Jerrand Osei Assibey of the other part dated 8th February , 2011 has been submitted for processing” .
Another part of the search results further read that “Caveat from W. Kusi Legal Consult dated 25th February 2013 to bring to our notice that ownership of the House, according to High Court Judgment is in favor of five children of Angelina Osei Assibey and to reject any sale or purchase of the said house against the sale of the property had been received”.
Stay tuned.
By Samuel Ansah Boateng
