JUDGMENT
It is provided under Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, C.I. 47 as follows:
‘‘(1) A person who makes a claim to or in respect of a property taken or intended to be taken in execution under process of the court, or to proceeds or value of any such property, shall give notice of the claim to the Registrar and shall include in the notice a statement of that person's address for service.
(2) On receipt of a claim made under sub rule (1), the Registrar shall forthwith give notice of it to the execution creditor who shall within four days after receiving the notice, give notice to the Registrar informing the Registrar whether the execution creditor admits or disputes the claim.’’
It is further provided under Order 44 rule 13 (1) of C.I. 47 that:
‘‘(1) Where on the hearing of proceedings pursuant to an order made under rule 12(4) all the persons by whom adverse claims to the property in dispute, in this rule referred to as the "claimants" appear, the court may
(a) summarily determine the question in issue between the claimants and execution creditor and make an order accordingly on such terms as may be just: or
(b) order that any issue between the claimants and the execution creditor be stated and tried and may direct which of them is to be plaintiff and which defendant.’’
In this interpleader suit, the claimants are contending that property, Plot Number 10 Block F, Pankrono Patasi has been attached in execution of a judgment procured against the defendant/judgment debtor herein by the plaintiff/judgment creditor herein. According to the 2nd claimant (who testified on her own behalf and on behalf of the 1st claimant) she acquired the plot of land, Plot Number 10 Block F, Pankrono Patasi in 1995 and completed the building on the said plot in 2002. She stated that she subsequently gifted the property to her daughter, the 1st claimant when the latter attained the age of 18 years. The claimants called one Thomas Obeng as a witness in a bid to corroborate the fact that Plot Number 10 Block F, Pankrono Patasi was acquired and developed by the 2nd claimant and that the defendant/judgment debtor who happens to be the husband of the former has no interest in it.
The claimants insist that property, Plot Number 10 Block F, Pankrono Patasi belongs to them and the said property is the subject of the execution. This is what transpired at page 15 of the record of proceeding during cross examination of the 2nd claimant:
Q: The pr
