AGRICULTURAL DEVELOPMENT BANK vs CLEAR SKIES CO. LTD. & ORS

A Notice of Claim was filed on behalf of the Claimant on the 13th of September, 2022 in the Registry of this Court. The Claimant herein instituted the instant Interpleader action, claiming interest in the 1st Defendant’s property situate at Heavy Industrial Area, Tema which was attached in execution of a Judgment Debt.

An Affidavit of Interest was filed by one Pat Kyei, a Secretary at K-Archy & C0, Solicitors for the Claimant on the 24th of March 2023 in support of the claim.

Case of Claimant

Claimant’s case is found in an Affidavit of Interest filed on the 26th of April on behalf of one William Djanie, who deposed that he works with Experts Consult Limited and he is the Recovery Manager of the Claimant’s Attorney. That it has come to Claimant’s attention that Plaintiff/Judgment Creditor herein has attached a commercial property described as Plot No. IND./A/14/5 and situate at the Heavy Industrial Area of Tema in the Greater Accra Region. That the said commercial property to the best of their knowledge is owned by Clear Skies Company Ltd., the 1st Defendant in this instant suit and a Defendant in Suit No. AC 719/2014 entitled AP Oil Limited v. Clear Skies Company Limited. That sometime in April 2015, Judgment was entered against the 1st Defendant in suit No. AC 719/2014 for the sum of Nine Million, Five Hundred And Thirty Five Thousand, Two Hundred And Forty Eight Ghana Cedis, Nineteen Pesewas (GHc9,535,248.19). That sometime in 2017, upon the failure of 1st Defendant/J. Debtor to satisfy the Judgment Debt, Claimant caused the properties of 1st Defendant to be attached through the issuance of a Writ of Fi-Fa. That the properties attached by Claimant included the commercial property described as being at Plot No. IND./A/14/5, Heavy Industrial Area, Tema and same is still under attachment.

That upon the attachment of Plot No. IND./A/14/5, Heavy Industrial Area, Tema in Suit No. AC 719/2014 entitled Ap Oil Limited v. Clear Skies Company Limited, Croym Transport and Construction Limited filed a claim on the said property, which was disputed by the Claimant in this present suit. That by virtue of the attachment of the said property in December 2017, Claimant has a prior interest or prior right of sale over the said property since Claimant was first in time to attach the said property. That to date, 1st Defendant has not been able to satisfy its indebtedness to Claimant and is still indebted to Claimant in the sum of Twenty-Five Million, Four Hundred and Eig