GEORGE COHEN (W.A.) LTD. V. COMET CONSTRUCTION CO., LTD.; GHANA COMMERCIAL BANK (CLAIMANTS)

EDUSEI J.

The facts of this interpleader suit are briefly these. In June 1964 George Cohen (W.A.) Ltd. recovered judgment in the High Court against the Comet Construction Co., Ltd. for a certain sum of money. In January 1965, not having received payment, the judgment creditors issued a writ of fi. fa. against the chattels of the judgment debtors as disclosed in exhibit C. The chattels referred to in exhibit C are (a) one only Morris pick-up No. SG 3554 and (b) one only Morris tipper truck No. SG 1059, and the sale was to take place on 6 July 1966. When this fact of seizure came to the knowledge of the Ghana Commercial Bank, the claimants herein, they interpleaded asserting that by virtue of exhibit A, a debenture, dated 1 February 1963, the said chattels disclosed in exhibit C among other property of the execution debtors were secured to them.

Both counsel agreed that the facts in this interpleader suit were indisputable and the only question of law to be decided by this court is wheth…