KEYMEB TRAVEL & TOURS LTD. V. ESSIEN SWISS INTERNATIONAL CAPITAL & 3 ORS , BILL CAPITAL LTD & 2 ORS

RULING 

This ruling is in respect of an interpleader claim filed by the claimants herein dated 19 July 2022 in respect of the following:

1. Residential Matrimonial property at South Odorkor Estate in the joint names of William Ato Essien and Mrs Gifty Essien.

2. Commercial property at Sahara, Dansoman belonging to Bill Capital Limited.

3. Commercial property at Exhibition, Dansoman belonging to Brollen Limited.

4. Commercial property (factory and offices) at Prampram belonging to Brollen Limited.

The Claimants are technically Plaintiffs in this action and carry the burden of proof in the present action. Until the action is determined, the deputy sheriff cannot perform his duties in relation to the execution of the judgment. In the case of SALAMA VRS SHARANI [1973] 2 GLR 364, Abban J (as he then was) was of the view that:

“…interpleader proceedings should not be confused with an ordinary action. The most important object of these interpleader proceedings is to enable the deputy sheriff, who has seized th…