Customer Support

MICHAEL TONTOH
V.
AMMA.SERWAH KOTOKO TONTOH

(2013) JELR 63780 (CA)

Court of Appeal 14 Mar 2013 Ghana
BriefBot icon

BriefBot Summary

Free

- The Court of Appeal affirmed that Order 44 Rule 12 of CI 47 (interpleader proceedings) is inapplicable where property has not been taken or intended to be taken in execution of a judgment; mere interim orders in matrimonial proceedings do

Case Details

Suit Number:CIVIL APPEAL NO. H1/169/2011
Judges:F. KUSI - APPIAH J.A. (PRESIDING), P.K. GYAESAYOR J.A. , I.O. TANKO AMADU J.A.

JUDGEMENT

TANKO AMADU J.A.

1.This interlocutory appeal is from the ruling of the High Court, Accra dated 10th February 2006. The background to this appeal is that; the property known as House No. 2 Osibisa Link, West Airport Accra or (Plot No. 234) is the subject matter of a divorce and matrimonial cause No. BDMC 23/2002 before the High Court, Accra.

2. On the 20th day of July 2005, Kofi Akwaah J. made the following orders in the substantive matrimonial cause.

"That the marriage between the parties in 1969 at the Accra Tema City Council Marriage Registry be dissolved.
I shall grant the prayer of the Respondent in part. Petitioner should stay in the 1st house near the gate, but should have unlimited access to the main house since he has things in there pending the hearing and determination of this case.............."

This order is contained in page 66 of the record of proceedings.

3. The Claimant/Appellant herein is not a party to the substantive suit but on the 17/11/2005 he caused to be fil…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.