Try asking the following...
RULING
This ruling is in respect of an interpleader claim filed by the claimants herein dated 19th July 2022 in respect of the following:
1. Residential Matrimonial property at South Odorkor Estate in the joint names of William Ato Essien and Mrs Gifty Essien.
2. Commercial property at Sahara, Dansoman belonging to Bill Capital Limited.
3. Commercial property at Exhibition, Dansoman belonging to Brollen Limited.
4. Commercial property (factory and offices) at Prampram belonging to Brollen Limited.
The Claimants are technically Plaintiffs in this action and carry the burden of proof in the present action. Until the action is determined, the deputy sheriff cannot perform his duties in relation to the execution of the judgment. In the case of SALAMA VRS SHARANI [1973] 2 GLR 364, Abban J (as he then was) was of the view that:
“…interpleader proceedings should not be confused with an ordinary action. The most important object of these interpleader proceedings is to enable the deputy sheriff, who has seized the property and is now in possession thereof, to obtain a relief and to get a decision of the court as regards the person to whom he has to release the property. The claims in respect of the property are made against the deputy sheriff and he is, in the technical sense, the defendant since the rival claims are being made against him. So that in a way the interpleader proceedings are intended for the benefit of the deputy sheriff, inasmuch as the decision of the court in the proceedings…would also enable him to know the right person to whom he should release the property. The deputy sheriff therefore issues out the interpleader summons to compel all the parties making the claims against him to come to court to establish the validity of their respective claims; and since he has no title himself, he drops out of the subsequent proceedings altogether…”
In this regard, the Court granted an Ex-parte Application filed by the Registrar on 20th October 2022 for an Order for the Claimant and the Execution Creditor to appear before the Court in respect of the interpleader proceedings.
Subsequently, the Claimants (hereinafter called the Plaintiffs) filed their Affidavit of Interest dated 6th February 2023 and same was deposed to by Ohenewaa Frimpong of Kasoa in the Central Region of Ghana. The Plaintiff Judgment Creditor filed their Affidavit of Interest in Dispute to the Claims by the 3rd Claimant pursuant to the Order of the Court dated 9th February 2023.
It i