GOIL, court registrar, others sued over property sale

A man has sued Ghana Oil Company Limited (GOIL) and four others, including a High Court Registrar for allegedly taking possession of and selling his property illegally.

Stephen Deelarbi, a resident of Ashale Botwe in Accra, has, therefore, asked the Commercial Division of an Accra High Court to recover possession of the property and make a declaration that the acts of the defendants culminating in the sale of his property as fraudulent, illegal and not supported by law.

He is also seeking a declaration that the attachment of his personal property and subsequent sale while he was not affected by an earlier court judgement are illegal and offend the rules of natural justice.

Deelarbi is praying the court for an order reversing the sale of the 0.995 acres of land, imposition of damages for wrongful attachment and sale of his personal property.

The complainant also wants an order of injunction directed at the registrar, his assigns, agents or anyone acting on the instruction or authority of the registrar from taking any steps to deliver or transfer title of the land to GOIL.

The suit, dated March 1, 2018, is also seeking compensatory damages for pain and suffering, as well as costs, including legal fees.

Deelarbi said on October 22, 2010, SO Energy Ghana Limited obtained a judgement at the Commercial Division of an Accra High Court against Dee’s & D Investment Limited, but he was never a party to the case.

He stated that SO Energy Ghana Limited attached his personal properties, which the Oil Marketing Company caused to be valued under the guise of proceeding against Dee’s and D Investment though their intention was actually to sell his personal property.

He explained that Expert Consult Limited and its clerk, Michael Agyarko, caused to be published an auction notice in the name of Dee’s & D Investment Limited even though their intention was actually to sell his personal property.

Deelarbi noted that the Registrar of the Commercial Division of the High Court in Accra, Stephen Afotey, seized his property and it was sold without any notice to him.

Deelarbi alleged that Afotey caused no searches to be conducted at the Registry of the Lands Commission to ascertain whether in fact the property he had attached to be sold in a public auction belonged to the judgement debtor (Dee’s & D investment Limited).

Deelarbi noted that all these happened when he was frequenting abroad for medical treatment.

According to him, when the issue was brought to his attention, he caused to be filed a notice of claim to prove his claim to the property attached and allegedly sold to Ghana Oil Company Limited.

He expressed surprise that GOIL, which is his tenant and purported to have purchased his property is on the property selling fuel on the same land.

Deelarbi explained that his notice of claim was filed and served on SO Energy Ghana Limited and Expert Consult Limited’s clerk, Michael Agyarko on December 4, 2017 while GOIL and the registrar, Afotey, were also served.

Deelarbi noted that while his claim was pending in court, SO Energy Ghana Limited, Expert Consult Limited and its clerk, Michael Agyarko, proceeded to court on December 6, 2017 and moved an application for the release of proceeds of the sale of the property sold to GOIL by SO Energy Ghana Limited through Expert Consult’s bank account.

Deelarbi said the action of the defendants in causing his personal property to be sold to satisfy a debt of a suit to which he was not a party is fraudulent.

Deelarbi said even though Afotey knew of notice of claim filed on December 4, 2017, he failed, refused and/or neglected to bring same to the attention of the court on December 6, 2017.

Deelarbi said by the time the registrar served hearing notice on him on January 26, 2018, the property had already been sold and the proceeds paid out of the registry of the court.

Deelarbi alleges that the cumulative acts of the defendants show that it was an orchestrated act to illegally deprive him of his personal property to satisfy a judgement debt owed by Dee’s & D Investment Limited.

According to him, a search he conducted at the Registry of the High Court demonstrably shows the fraud and illegality perpetrated by the defendants to deprive Deelarbi of his bonafide property.