G. B. OLLIVANT, LTD
V.
KWESI BAA KORSAH

JELR 80524 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1941 7 WACA 188-194
CORAM
COR. KINGDON AND PETRIDES, C.JJ., AND M’CARTHY, J.
Core Terms Beta
claimant
smaller area
learned trial judge
own property
larger area
robert marmaduke korsah
area of land
judgment debtor
latent ambiguity
possession of the judgment-debtor
beneficiary
conduct of the parties
debtor’s possession
immovable property
kwesi baa korsah
movable property
new street
third schedule
time of attachment
victoria street
whole area
whole property
claimant-appellant appeals
claimant-appellant’s application
clauses of claimant-appellant
common ground
defendant-judgment-debtor
description of the land
description of the parcel of land
divisional court
kwamina amuaku hayford
north of the area
number of other acts
plaintiffs-judgment-creditors
property of the defendant-judgment-debtor
second string
subject matter
subject matter of these proceedings
trial judge

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST. AND M’CARTHY J .

G. B. Ollivant, Limited, the plaintiffs-judgment-creditors- respondents, having obtained judgment in this suit against Kwesi Baa Korsah, the defendant-judgment-debtor, proceeded to attach under a Writ of Fi. Fa. an area of land at Winneba which they believed to be the property of the defendant-judgment-debtor, and to cause the land to be advertised for sale by the Deputy Sheriff whereupon Kwamina Amuaku Hayford caused to issue an Interpleader Summon whereby the plaintifts-judgment-creditors- respondents were called upon to show cause why the property seized in the suit should not be declared and adjudged to be his property and delivered to him accordingly. The matter was tried before Fuad, J., in the Divisional Court at Cape Coast. He found “that the immovable property, subject matter of these proceedings, was in the possession of the judgment-debtor as his own property” and dismissed the claimant-appellant’s applica…

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