Customer Support

DADZIE
V.
AMOAKO (ANOKYE-CLAIMANT)

(2004) JELR 63509 (CA)

Court of Appeal 4 Jun 2004 Ghana
BriefBot icon

BriefBot Summary

Free

- The appellant obtained a judgment against the defendant in 1991 and attached the defendant's property in execution of the judgment. - The sheriff issued an order prohibiting alienation of the attached property and a notice of auction. - T

Case Details

Judges:ARYEETEY JA, AMONOO-MONNEY JA, ANIM JA
Counsel:HAYFRON-BENJAMIN FOR THE APPELLANT; KWAME ASIEDU BASOA FOR THE RESPONDENT.
Other Citations:[2003-2005] 1 GLR 569

JUDGEMENT

ARYEETEY JA.

A brief background to the interpleader summons which has resulted in this appeal is as follows: On 12 April 1991 the appellant, who is the plaintiff-judgment creditor, obtained judgment against the defendant-judgment debtor, Yaw Amoako in the sum DM 12,039 plus damages of 0200,000 and costs of 050,000. On 31 October 1991, pursuant to praecipe for the issue of a writ of fi.fa, a plot No 28A, Block IX, Gyinyase, Kumasi, the property of the judgment debtor, was attached in execution of the said judgment. On 18 November 1991 the sheriff issued an order prohibiting alienation of the property attached (exhibit 4). He also issued a notice of auction. The sheriff’s officer attached property No 28A, Block IX, Gyinyase by serving a copy of exhibit 4 on the judgment debtor, Yaw Amoako, and by affixing another copy on the property to be attached. On 25 November 1991 the sheriff entrusted the conduct of the auction sale to a licensed auctioneer.

Subsequent to these processes, …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.