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ECUMENICAL DEVELOPMENT CO-OP SOCIETY UA
V.
WE CARE ORGANIZATION & 3 ORS

(2024) JELR 115891 (HC)

High Court 21 Feb 2024 Ghana
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Case Details

Suit Number:CS 887/1998
Judges:PATRICIA QUANSAH, J.
Counsel:ALI GOMDA ABDUL – SAMAD ESQ, COUNSEL FOR THE CLAIMANT KIZITO BEYUO ESQ. COUNSEL FOR THE PLAINTIFF/JUDGMENT CREDITOR
Location:Accra

RULING

1. INTRODUCTION

[a]  This matter commenced some time in 1998, and it is obvious from the record of proceedings that the Plaintiff herein obtained judgment against the Defendants some time in 1999; and the Plaintiff/judgment creditor sought to go into execution against the Defendants/judgment debtors herein.

[b] The Plaintiff/judgment creditor’s attempt to go into execution triggered an initial interpleader action and subsequently this present one, and so this Court is enjoined to deal with this second and present interpleader application brought by the same claimant before this Court.

2. FACTS PRECEDING THE PRESENT INTERPLEADER APPLICATION

[c] From the proceedings on record, it is obvious that after the Plaintiff/judgment creditor had obtained judgment, he attached a cold store situate at Tema said to belong to the Defendants; and that is the genesis of the entire interpleader proceedings before this Court. It was then that the Claimant herein sought to intervene in the matter …

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