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VPS INTERNATIONAL V. AFRICAN AUTOMOBILE LTD AND JIHAD HIJAZI

(2018) JELR 65350 (HC)

High Court  •  CIVIL APPEAL NO.RPC/195/2011  •  23 Mar 2018  •  Ghana

Coram
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

Appearances
SAMUEL K. ANDREWS ESQ. FOR PLAINTIFF/J/C; STEPHEN SOWAH CHARWAY ESQ. THE CLAIMANT.

Judgement

JUDGEMENT

In the execution of the judgment delivered in favour of the plaintiff on the 10th July 2012 by the High Court, the plaintiff/judgment/creditor attached the property commonly known as Mitsubishi House situate along the Kaneshie-Winneba Road, Accra. The said attachment was done per notice of attachment dated 29th August 2016.

As a result, the claimant herein, Jihad Hijazi, filed a notice of claim, in accordance with Order 44 rule 12 of the High Court (Civil Procedure) Rules, 2004, CI 47, to this property which had been attached in execution of the plaintiff’s judgment claiming the said property to be his and thereby contending that the property could not be sold to satisfy the judgment debt of the defendant judgment debtor.

The plaintiff judgment creditor disputed the notice of claim and therefore paving the way for the court to invite the parties to appear before it in order that the issue of ownership of the attached property would be resolved in accordance with the provisions …

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