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GOVERNMENT OF GHANA V. GHANA CONSOLIDATED MACHINERY AND TRADING CO., LTD.

(1963) JELR 82842 (HC)

High Court  •  11 Feb 1963  •  Ghana

Coram
AKAINYAH, J.

Appearances
N.M.C. Dodoo for the claimant. C.C. Lokko for the judgment-creditors.

Judgement
<p style="text-align: justify;"><strong>AKAINYAH, J.</strong>: This is an interpleader action in which the claimant the Government of Ghana claims for declaration of title to certain chattels seized in execution under a writ of fi.fa. At the instance of the judgment-creditors herein-Ghana Consolidated Machinery and Trading Co., Ltd. [His lordship here set out the respective statement of claim of the claimant and the statement of defence of the judgment-creditors and continued:]</p><p style="text-align: justify;">On the 31st January, 1963, Mr. Lokko for the judgment-creditors argued a preliminary point taken by him and submitted that:</p><blockquote><p style="text-align: justify;">&quot;(a) On the 4th June, 1962, the judgment-creditors obtained a judgment (exhibit 2) against the judgment-debtors of the sum of ล“G18,145 and costs of 700 guineas.</p><p style="text-align: justify;">(b) The judgment-creditors base their claim to the chattels on a bill of sale dated the 12th February, 1962, (exhibit 3).</p><p style="text-align: justify;">(c) When the bill of sale (exhibit 3) was executed the judgment-debtors did not disclose to the judgment-creditors that the said chattels had been assigned to theโ€ฆ</p></blockquote>

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