ADU vs. BARCLAYS BANK AND ANOTHER

This is an interpleader proceeding in which the claimant Kofi Adu of Dichemso, Kumasi, claims that as between him and the defendant judgment creditors he should be declared to have a better title to house No. C.27, South Suntresu in Kumasi, seized in execution as being the property of the judgment debtor, one G. E. Asenso and it should therefore be released forthwith from execution. The facts briefly are as follows: The defendant judgment creditors as bankers, granted overdraft facilities to the judgment debtor, i.e. Asenso. Some time in May 1971, the judgment creditors took out a writ to claim the balance of ¢9,908.70 then outstanding on the overdraft account, together with interest at the rate of ten per cent from a named date to the date of payment. On 5 July 1971 the judgment creditors obtained judgment for the claim stated together with costs. It was to satisfy this judgment that the judgment creditors issued out a writ of fi. fa. dated 28 July 1972, to levy execution upon ....