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MERLIN SHIPPING AGENTS V. AKWASI AGYEMANG & ANOTHER

(2019) JELR 64975 (HC)

High Court  •  SUIT NO. INTS 12/2017  •  5 Feb 2019  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE J.

Judgement

OSEI-HWERE J.

It is provided under Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, C.I. 47 as follows:

‘‘(1) A person who makes a claim to or in respect of a property taken or intended to be taken in execution under process of the court, or to proceeds or value of any such property, shall give notice of the claim to the Registrar and shall include in the notice a statement of that person's address for service.

(2) On receipt of a claim made under sub rule (1), the Registrar shall forthwith give notice of it to the execution creditor who shall within four days after receiving the notice, give notice to the Registrar informing the Registrar whether the execution creditor admits or disputes the claim.’’

It is further provided under Order 44 rule 13 (1) of C.I. 47 that:

‘‘(1) Where on the hearing of proceedings pursuant to an order made under rule 12(4) all the persons by whom adverse claims to the property in dispute, in this rule referred to as the "claimants" appear, the c…

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