HUNU AKWEI V. SURESH SADHWANI

BY COURT:

This suit is an interpleader claim from Suit No. C 315/03, which went on an appeal from the High Court Accra to the Court of Appeal, after the High Court had dismissed the claimants claim.

The Court of Appeal on 25th January, 2007, allowed the appeal and ordered a redetermination of the Appellants claim.

This is contained in exhibit 6 which is the Judgement of the court of Appeal. In exhibit 6, the court of Appeal said the Trial Judge should indicate the manner that the proceedings must take as it is entirely the preserve of the Trial Judge.

The Trial Judge ordered that pleadings be filed with the claimant being the Plaintiff and the Judgement creditor disputant being the defendant. The Plaintiff filed a writ and Statement of Claim on 24th April 2008, but same was amended with leave of Court on 13th May 2009.

The amended claim is as follows:

a) A declaration that all that piece or parcel of land situate, lying and being at Motorway East Industrial Estates – Accra containing an approximate area of 1.60 Acres and bounded on the North by road measuring 350 feet more or less, on the south by road measuring 350 feet more or less, on the East by road measuring 200 feet more or less, on the West by Assignor’s land measuring 200 feet more or less is the property of Plaintiff and that Defendant cannot attach same.

b) An order directed at the Deputy Sheriff to release Plaintiff’s land from attachment.

c) General damages against the Defendant for wrongful attachment of Plaintiff’s property.

d) Perpetual injunction restraining Defendant, his agents, assigns successors etc from interfering or dealing with property in any form.

e) Cost

f) Any further orders as this Court may deem fit.

The issues set down for trial were as follows:

1. Whether or not title in the said property, the subject-matter still resides in the Plaintiff.
2. Whether or not the Plaintiff is entitled to the remedy of having the property released from attachment.
3. Whether or not the property under attachment legally belongs to Elmako Ltd, Emmanuel Mensah Xenya, the Defendant/Judgement/Debtor in Suit No.315/2003.
4. Whether or not the Defendant in the instant suit is entitled to attach the said property in satisfaction of the Judgement obtained in Suit No. 315/2003 aforesaid.
5. Whether or not the action/Claims of the Plaintiff are sustainable against the Defendant or not.
6. Whether or not Plaintiff re-possessed the