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MERLIN SHIPPING AGENTS
V.
AKWASI AGYEMANG & ANOTHER

(2019) JELR 64975 (HC)

High Court 5 Feb 2019 Ghana
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- The case involves an interpleader suit regarding a property that has been attached in execution of a judgment. - The claimants argue that the property belongs to them and is the subject of the execution. - The claimants provide evidence t

Case Details

Suit Number:SUIT NO. INTS 12/2017
Judges:DR. RICHMOND OSEI-HWERE J.
Counsel:ALFRED ANNIM QUARSHIE FOR THE CLAIMANTS; STEPHEN OPPONG FOR THE JUDGMENT CREDITOR.

OSEI-HWERE J.

It is provided under Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, C.I. 47 as follows:

‘‘(1) 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 proceeds or value of any such property, shall give notice of the claim to the Registrar and shall include in the notice a statement of that person's address for service.

(2) On receipt of a claim made under sub rule (1), the Registrar shall forthwith give notice of it to the execution creditor who shall within four days after receiving the notice, give notice to the Registrar informing the Registrar whether the execution creditor admits or disputes the claim.’’

It is further provided under Order 44 rule 13 (1) of C.I. 47 that:

‘‘(1) Where on the hearing of proceedings pursuant to an order made under rule 12(4) all the persons by whom adverse claims to the property in dispute, in this rule referred to as the "claimants" appear, the c…

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