[2010]DLCA4424March 18, 2010Court of Appeal

ADU BOTWE AND PHILIP SARPONG vs. THE DEPUTY SHERIFF, MR ESSUMAN AND RITA AFRANIE EDUSEI

J.B.AKAMBA, J.A: On 27th June 2004, the Sekondi High Court in the Western Region of Ghana delivered a judgment against the plaintiffs/appellants herein (simply appellants) the administrators of the estate of Philip Sarpong (deceased). The appellants who are dissatisfied with the outcome of the trial have filed this appeal. The brief background facts of this suit are that until his death Philip Sarpong was a shareholder and the Managing Director of Philip Construction Company limited. Some workers of the company who instituted action against the company before the erstwhile community Tribunal Sekondi obtained judgment against the company for non-payment of arrears of their salaries. Following the judgment, H/No C 104/14 Dzorwulu was attached and subsequently sold to pay off the judgment debt. However before the house was sold the 2nd appellant issued an interpleader summons in the very same court claiming it as the personal property of the deceased. While the inter-pleader action was...