KARAM vs. A. G. LEVENTIS & CO. LTD.

JUDGMENT OF BRUCE-LYLE J.S.C. This is an appeal from the ruling of Apaloo J. (as he then was) sitting in the High Court, Kumasi, and dated 3 October 1961. The facts are that a writ of fi. fa. was issued on 13 May 1961 in execution of a judgment against the defendants judgment debtors (hereinafter referred to as the judgment debtors) and in favour of the plaintiff-appellant (hereinafter referred to as the plaintiff); the judgment is dated 13 February 1961. On the strength of the fi. fa., plot No. 576 situate in the old town section of Kumasi was attached and advertised for sale by public auction on 20 June 1961. The claimants-respondents (hereinafter referred to as the claimants) interpleaded on 24 May 1961, on the ground that they were entitled to the property by reason of a mortgage deed dated 25 October 1960. On the matter coming before the High Court on the sheriff’s summons, and after arguments by counsel for both the plaintiff and the claimants, the trial judge ruled in favour.....