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OLD PARK ENGINEERING SERV. LTD VS CASSEL ENERGY LIMITED AND LHS GHANA LIMITED

April 15, 2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP GEORGE K. KOOMSON (J)

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

His Lordship George K. Koomson of the High Court considered an interlocutory application by the Claimant/Appellant/Applicant seeking to restrain the Deputy Sheriff from executing against immovable property at Tema while an interpleader appeal was pending. The application followed a 14 January 2019 interpleader judgment that favored the Claimant with respect to certain movables but held that the Tema land belonged to the Defendant/Judgment Debtor company, Cassel Ltd. An earlier motion for stay of execution was refused on 11 February 2019 as the judgment was non‑executable. Invoking Order 25 of C.I. 47 and authorities including Merchant Bank (Ghana) Ltd v Similar Ways Ltd, Republic v High Court, Ho: Ex parte Evangelical Presbyterian Church of Ghana, Anaman v Osei Tutu, and Vanderpuje v Nartey, the court held the Applicant had not shown a legal or equitable right requiring protection. The court found the building permit (LH4) in joint names (Cassel‑LHS‑Bluefone) and evidence of payment by Bluefone Marine Fisheries Ltd undermined the Applicant’s claimed ownership. The balance of convenience favored allowing execution. The application was refused and dismissed, with GH¢3,000 costs to the Respondent.

RULING