HFC BANK GHANA LIMITED vs CASTLE GATE ESTATE LIMITED & ANOTHER

A Notice of Claim was filed on behalf of the Claimant on the 24th of August, 2022 in the Registry of this Court. The Claimant herein instituted the instant interpleader action, claiming interest in an uncompleted single storey building residential property, Block C Number 1, situate at Castle Gate Estate, Katamanso which has been 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.

It is the case of the Claimant that in executing a Consent Judgment against the Defendant/Judgment Debtor, the Plaintiff/Judgment Creditor has attached the property in question which is the bona fide property of the Claimant. The relevant portions of the Claimant’s claim are in the following paragraphs of the Affidavit in Dispute:

8. That on the 2nd day of September 2016, the Defendant/Judgment Debtor executed an indenture for the Claimant (Exhibit ‘2’).

9. That the Defendant/Judgment Debtor dispensed with his interest in the property before the suit against Defendant/Judgment Debtor was instituted.

10. That the said property no longer belongs to the Defendant/Judgment Debtor and therefore the said attachment of Claimant’s property in Execution of the Judgment against the Defendant/Judgment Debtor is wrong and therefore ought to be set aside.

On the 1st of December, 2022, the Plaintiff/Judgment Creditor filed a Notice of Dispute of the claim and further filed an Affidavit in Dispute on the 17th of February 2021 in support. The Affidavit in Dispute was deposed to by one Emefia Amoa-Addo, Senior Manager, Legal in the Plaintiff/Judgment Creditor’s (now Republic Bank) Bank. It is the case of the Plaintiff/Judgment Creditor that on 6th of January, 2017, it instituted an action against the Defendant/Judgment Debtor for reliefs endorsed therein.

The parties filed Terms of Settlement which was adopted by the Court on 18th May, 2017 as Consent Judgment of the Court. See Exhibits ‘RBGH 1’ and ‘2’.

That the Judgment Debtor failed to pay the Judgment sum of GHC112,795.71 under the Consent Judgment as per the Terms of Settlement and the Judgment Creditor filed Entry of Judgment with leave of the Court dated 12th October, 2018

Subsequent to a Writ of Fieri Facias (Fi-Fa), the property in question was attached and valued (Exhibit ‘RGBH 5’). That upon valuation, an order for Reserved Price and for the appointment of Auctioneer was file