CAL BANK LIMITED
V.
RICHES CORNER COMPANY LIMITED & 3 ORS. AND NANA BOAKYE

(2018) JELR 69741 (HC)    
High Court  ·  SUIT NO.INTS/01/18 ·  4 Apr 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
court
execution creditor
charging order
claimant
counsel
30-year sublease
mortgage
nana boakye
order
exhibit
holder of a power of attorney
mortgage contract
notice of claim
riches corner limited
attorney of kofi aboagye nyame
behalf of the execution creditor
deputy sheriff
execution process
further order
judgment debt
judgment debtor
mary e. enterprise
above cited case
ample evidence
attorney of nana aboagye nyame
cal bank
case of kimon compania naviera s.a.r.p.
close examination of the processes
court order
determination of the issue of ownership
execution
ex-parte application
instant case
interpleader application
legal position
lessee of the property
ownership of the said property
proper procedure
proprietary interest of the head lessee
proprietary rights of riches corner limited
registrar of this court
respective affidavit of interest
respect of house number
richard osei bonsu
sister company
such circumstances
title of the interpleader application
title of the suit
working capital

RULING

On 30/08/2017, one Nana Boakye, who described himself as the attorney of Kofi Aboagye Nyame, filed a notice of claim in respect of House number 2 Block XI, Manhyia Extension, Kumasi which the execution creditor herein, CAL BANK LIMITED, had attached in execution. The claimant claimed ownership of the said property.

The execution creditor also filed a “Notice Of Dispute Of Claim” on 08/09/2017. Upon an ex-parte application filed by the Registrar of this court on 06/12/2017, an order was made on 08/01/2018 for the claimant and the execution creditor to appear in court for the determination of the issue of ownership of the house which has been attached.

When the parties to the interpleader application appeared in court, they were ordered to file their respective affidavit of interest and affidavit in response, and exhibit all documents relevant to the determination of the matter. Based on the depositions contained in the affidavits filed and the documents exhibited thereto, the court…

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