FRANCIS KUGBLENU vs INFO SOURCE GH LTD & ANOR

[1] On 1st February 2017, the Plaintiff/Judgment/Creditor/Defendant (‘Plaintiff’) sued out

a Writ of Summons against the Defendant/Judgment/debtor (‘Defendants ’) claiming the

following reliefs:

a. Payment of the sum of Gh¢113,663.05 being the balance of sums of money expended on the Defendants by the Plaintiff.

b. Interest on the said Gh¢113,663.05 at the prevailing commercial bank from January 2016 till date of final payment.

c. Payment of the sum of USD$17,566.00 being sums expended on the Defendants by the Plaintiff.

d. Interest on the said USD$17,566.00 at the prevailing Commercial bank rate from January 2016 till date of final payment.

e. Return of the Plaintiff’s three IBM Server Rocks, three 42 U Rocks + 1KVA UPS @ C25B and one APC SKA UPS in the possession of the Defendants.

f. Costs

[2] On 15th December 2021, the Plaintiff obtained judgment on all the reliefs claimed against the Defendants. On the same day, the Plaintiff/Judgment/creditor filed an entry of Judgment and had it served on the Defendants. Defendants failed to honour the judgment debt and as a consequence, Plaintiff initiated the execution process to recover the judgment debt. The Plaintiff filed a writ of Fieri Facias and attached House No. 14 Oak Lane, Old Ashongman and vehicle with registration numbers UW 1979 - 20, GE 3216 09, GW 1609-10, GT- 7052-Y and GR 3154-17 in the execution of the judgment.

[3] Upon the attachment of the properties in execution of the judgment, First Response Limited and Comsys Gh. Ltd. (Claimants) on 12th September 2023, filed a Notice of Claim, claiming an interest in vehicles with registration numbers UW 1979- 20 and GE 3216-09. The Plaintiff disputes the claim.

[4] When the Registrar invited the parties under Order 44 Rule 12(4) of the CPR C.I. 47, the Court ordered the parties to file their respective Witness Statements to the Court for the issue between them to be determined.

[5] As the Plaintiffs in the interpleader proceedings, the Claimants called one Derick Etornam Donkor to testify, and no other witnesses were called. The Plaintiff as Defendant in the interpleader proceedings, testified for himself and subpoenaed an Official of the Driver and Vehicle Licensing Authority as his witness.

[6] The only issue for determination is whether vehicle numbers UW 1979- 20 and GE 3216-09 are the properties of the Claimants and cannot be seized in execution of the judgment obtained against the Defendants.

[7] The Plaintiff has attached t