[2006]DLCA7110 • June 23, 2006 • Court of Appeal
GHANA POST COMPANY LTD. (CREDITOR/APPELLANT) vs. JAMES SUALAH BOSSMAN & MS. CECILIA FOLY (DEFENDANT/JUDGMENT-DEBTOR)
The appellant, Ghana Post Company Ltd., as creditor, challenged the validity of a supplementary affidavit submitted by the respondent judgment-debtors, James Sualah Bossman and Ms. Cecilia Foly, in the lower court proceedings. The case concerns the appropriateness and adequacy of the evidence presented in objection to the appellant's claims.
read moreTWENEBOA-KODUA, JA This is an interlocutory appeal from the ruling of the High Court, Tamale. The said ruling delivered on 29 April 2004 was occasioned by an objection taken by the plaintiff/appellant {simply called plaintiff hereinafter} to the admissibility of a supplementary affidavit in an interpleader claim. The plaintiff had successfully sued the defendant and had embarked on the process of execution of the said judgment. In that process the plaintiff had caused property in the nature of a plot of land with an uncompleted building thereon and described as Number 294, Block "B" Chogu Tepalsi at Tamale to be attached. To the victorious plaintiff, the property belonged to the vanquished defendant. As next friend of Prince Naamah Bossman {a minor} the claimant soon filed a notice of interpleader claim. In the supporting affidavit, the Claimant swore that the afore-mentioned minor is the issue of the marriage between the claimant and the defendant. The claimant, who is the respo...