EM CAPITAL PARTNERS V. ECOSAFE GHANA LIMITED SAMUEL OWUSU AND SELINA FATIMA OWUSU

ACKAAH-BOAFO J.

INTERPLEADER RULING

i. Introduction:

[1] The Execution Creditor in this claim being EM Capital Partners caused a Writ of Summons to be issued against the Defendants herein and obtained a summary judgment from this Court differently constituted on July 13, 2015 for the reliefs endorsed on the writ including “an Order for the payment of the sum of GH¢10, 732.568.68 being the outstanding debt of the matured Corporate Bonds as at 26th May 2015 to date of final payment”.

[2] In pursuit of levying execution to realize the fruits of the judgment, the Plaintiff proceeded to attach the landed property of the 2nd Defendant/Judgment Debtor’s unnumbered House opposite the Malaysia Embassy in Accra situate at Osu Badu Street Airport West, Accra on May 13, 2016 to sell and to satisfy the amount of the judgment debt. From the record, an auction sale was scheduled for January 13, 2017.

[3] Against the background of the execution and the imminent sale on January 12, 2017 the Claimant, Selin…