HARRIET OSEI BEMPOMAH
V.
NOBLE DREAM FINANCIAL SERVICES LIMITED AND AFIA ACHIAA & 2 ORS.

(2015) JELR 69577 (HC)    
High Court  ·  SUIT NO.RPC/117/14 ·  16 Nov 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
noble dream
plaintiffs
evidence
execution creditor
agreement
noble dream financial services ltd
amakom bramponso
kwadwo nsiah
mud house
noble dream micro finance ltd
storey building
execution
kwabena awuah
portion of the land
preponderance of probabilities
exhibits b
family members
ground floor
noble dream investments ltd.
oppong kyekyeku
seth oppong kyekyeku
amakom brampouso
civil action
civil procedure
civil suits
commercial court
consent of the family of kwadwo nsiah
copies of the agreements
customary successor of the last administrator of the estate
determination of the claimants ownership of the said property
exhibit c. subsequent
following conditions
following piece of evidence
high court
interest of noble dream
noble dream financial service ltd
portion of the vacant land
process of the court
respect of a property
said house
said oppong kyekyeku
satisfaction of the outstanding balance of the judgment debt
second floor of the storey building
service of the said notice
subsequent agreements
sufficient evidence
value of any such property

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 …

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