DADZIE V. AMOAKO (ANOKYE-CLAIMANT)

JUDGEMENT

ARYEETEY JA.

A brief background to the interpleader summons which has resulted in this appeal is as follows: On 12 April 1991 the appellant, who is the plaintiff-judgment creditor, obtained judgment against the defendant-judgment debtor, Yaw Amoako in the sum DM 12,039 plus damages of 0200,000 and costs of 050,000. On 31 October 1991, pursuant to praecipe for the issue of a writ of fi.fa, a plot No 28A, Block IX, Gyinyase, Kumasi, the property of the judgment debtor, was attached in execution of the said judgment. On 18 November 1991 the sheriff issued an order prohibiting alienation of the property attached (exhibit 4). He also issued a notice of auction. The sheriff’s officer attached property No 28A, Block IX, Gyinyase by serving a copy of exhibit 4 on the judgment debtor, Yaw Amoako, and by affixing another copy on the property to be attached. On 25 November 1991 the sheriff entrusted the conduct of the auction sale to a licensed auctioneer.

Subsequent to these processes, …