TAYLOR J.
On 19 July 1973 the applicant obtained a judgment against Kapen Enterprises Ltd. for ¢1,045.00 being arrears of rent, mesne profits and costs in respect of his house rented to the company as business premises. In November 1973, not having obtained satisfaction of the judgment, the applicant levied execution against the assets of the company, namely, a refrigerator, gas cooker, tables, roller, scale, moulds and a Kenwood mixer. These were seized and they were to be auctioned by an auctioneer. The Ghana Commercial Bank interpleaded on the ground that they held a debenture of the company dated 11 April 1972 covering the stock in trade and factory equipment of the company which had been mortgaged to them by the company as security for a bank overdraft in the sum of ¢9,055.00. The said debenture of the company was not registered.
On 15 August 1975 the applicant herein filed a motion before the Circuit Court, Accra, asking for the claim of the bank to be dismissed on the ground tha…