JUDGEMENT
The instant interpleader application was filed by three claimants under order 44 rule 12(1) of the High Court ( Civil Procedure) Rules, 2004 C.I. 47 which states:
A person who makes a claim to or in respect of a property taken or intended to be taken in execution under process of the court, or to the proceeds or value of any such property, shall give notice of the claim to the Registrar ...
How did this come about? Judgment was entered against Noble Dream Financial Services Ltd in favour of Harriet Osei Bempomaa by the Commercial Court, Kumasi. As execution creditor, she sought leave to go into execution and subsequently caused the subject matter of this suit, property numbered Plot 18 A Amakom Brampouso , Kumasi to be attached.
On 29/12/2014, Afia Achiaa, John Agyekum and Philip Adade Acheampong instructed their solicitors to file a notice of claim under Order 44 rule 12(1) of C.I. 47. Upon service of the said notice on the execution creditor, she in turn caused her solicitors …