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R. T. BRISCOE (GHANA) LTD. V. PREKO

(1964) JELR 68149 (SC)

Supreme Court  •  18 May 1964  •  Ghana

Coram
SARKODEE-ADOO C.J,OLLENNU JSC,APALOO J.S.C.

Judgement

SARKODEE-ADOO C.J.: This is an appeal from the judgment of Acolatse J., as he then was, dated 10 December 1962, in an interpleader suit in which certain moveable properties were seized in execution by the deputy sheriff ‘s officer for sale to satisfy a decree in favour of the plaintiffs-judgment-creditors (hereinafter referred to as the defendants) against the defendants-judgment-debtors, a building company.

The claimant (hereinafter referred to as the plaintiff) laid claim to the properties, and upon the matter coming up for hearing, the court ordered pleadings. The plaintiff by her statement of claim averred in paragraph (3) thus:

“The defendants-judgment-debtors have no interests whatsoever in these properties but were merely employed by the claimant to erect her building with materials supplied by her.”

The defendants in their statement of defence pleaded in paragraphs (1) and (2) in the manner following:

“(1) That the defendants-judgment-debtors were a well-known building contracting…

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