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CAL BANK LTD
V.
NEW WAY (SM) LTD & 2ORS

(2024) JELR 112178 (CA)

Court of Appeal 27 Jun 2024 Ghana
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- The Court of Appeal dismissed the claimants’ appeal, affirming that the 1st Defendant held indefeasible title to the disputed land under the Land Title Registration Act, 1986 (PNDCL 152), as the claimants failed to rebut the presumption o

Case Details

Suit Number:HI/86/2023
Judges:SENYO DZAMEFE, JA GIFTY AGYEI-ADDO, JA CHRISTOPHER ARCHER, JA
Counsel:MR E.B. AFOKOH FOR APPLICANT WITH FRANCIS JAGRI, JUSTICE TSAKPOE, NORBERT ZORMUYI, JONATHAN OSEI, EDITH V. CHAISEY, YEVETTE A-BEDU, MOCK YEBOAH & RENE ASTUBOYE. NANA AKUA ASHUN FOR PLAINTIFF/RESPONDENT.
Location:Accra

J U D G M E N T

ARCHER, JA: 

This is an appeal from the Judgment of the High Court, Accra, delivered on 3rd February 2021. 

It arises from interpleader proceedings commenced by the Claimants/Appellants (hereafter called the Claimants) against the Plaintiff/Respondent (hereafter called the Plaintiff) in respect of property with GPS No. GT 091-4179 along the Accra-Tema Motorway Industrial Area. By the interpleader proceedings, the Claimant sought from the Court a claim that the property attached in execution of a Judgment of the High Court Accra in Suit No. CM/BFS/0417/2016 titled Cal Bank Limited v. New Way (SM) Ltd, Mustapha El-Sbayti and Majdi Kebe El-Halabi form part of the estate of the late Joseph Abli Charway.

It is the case of the Plaintiff that on 17th October 2017, it obtained judgment in suit no. CM/BFS/0417/2016 (supra) against the Defendant in that action. To execute the judgment property located at GPS No. GT 091-4179 was attached. Plaintiff contends that the 1st Defendant pro…

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