J U D G M E N T
Lying at the heart of every litigation in Court is the enjoyment of the fruits of the judgment delivered in the said case by the successful party.
The case before this Court for determination is one of such cases.
The Plaintiff/Judgment Creditor obtained judgment in this Court to recover various sums of money from the Defendant one Joseph Adema.
In execution of this Judgment, the Plaintiff/Judgment Creditor attached an uncompleted house belonging to the Defendant.
However in the course of the execution process, the Claimant herein, Beatrice Folivi intervened in the execution process by filing an interpleader claim.
She claimed ownership of the attached subject matter and contended therefore that the attached house cannot be attached in execution of the judgment entered in favour of the Judgment Creditor.
Issues were joined on the ownership of the attached house when the Claimant filed his notice of claim and the Plaintiff/Judgment Creditor disputed the clai…