SOWARTEY TAGOE AND RUDOLPH SOWARTE TAGOE
V.
THEOPHILUS KWABLAH OTIBO

JELR 80523 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1940 6 WACA 236-238
CORAM
COR. KINGDON, PETRIDES AND GRAHAM PAUL, C.JJ.
Core Terms Beta
order
case
claimant
application
fresh action
issue
page
questions
reasons
review
court of appeal
learned judge
opinion of this court
plaintiff
remedy
remedy of the claimant
rule
sale of the attached property
african court of appeal ordinance
answer
answers
appeal
correct procedure
divisional court
express prejudging of the issue
final judgment
following terms
gold coast
guy cooper
honourable court of appeal
interpleader action
interpleader action no.
judge of a divisional court
judgment-creditor
l.t. page
opinion of the court of appeal
opinion of the honourable court of appeal
present claimant
present judgment-creditor
sierra leone
subject matter
subject matter of action no.

 KINGDON, C..J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE.

The following is the case stated for the opinion of this Court :-

“1. This interpleader action was commenced on May 28th, 1940. On July 12th dismissed the action for the reasons which hereinafter appear.

“2. In August, 1933 Interpleader Action No. 26 of 1933 was instituted by the present claimant against the present judgment-creditor in respect of the attachment of the same land which is the subject matter of action No. 15 of 1940. The causes of action in the two cases are identical.

“3. After 46 adjournments No. 26 of 1933 came before me for hearing on March 10th, 1939, when Counsel for the claimant asked for a further adjournment as his witnesses were not ready. I refused this application and in accordance with Cap. 4 Schedule 3 Order 34 Rule 2 ordered that the cause be struck out. 1 added that so far as I was concerned I would not restore it to list. (Copy of entry in record attached ‘A’).

“4. No a…

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