MENSAH-HOMIAH (MRS.) J.
The Execution creditor who is the Defendant in this interpleader suit obtained judgment from this court on 17/04/2011 against one Habibulai Mohmoud. Pursuant to this judgment, the property described as house number plot 11 block “C”, Pankrono-Kumasi was attached by a writ of Fi. Fa.
On 25/10/2012, counsel for the Defendant/Judgment Debtor, filed a notice of claim on behalf of the Claimant (now Plaintiff in this interpleader suit). By this notice, the Plaintiff herein claimed ownership of the property described above. Upon service of this process on the Defendant, he failed to file any notice to dispute or admit the claim under order 44 rule 12(2) of C.I. 47. Consequently, the registrar of this court obtained an order, ex- parte, under order 44 rule 12 (4) of C.I. 47, for the parties to appear before this court so as to determine the issue of title to the disputed property.
The Plaintiff’s capacity to commence this action will be raised and determined first…