[2010]DLCA7830 • July 15, 2010 • Court of Appeal
ALICE FOSUA (PLAINTIFF/APPELLANT) vs. ESTHER OWUSU (DEFENDANT/RESPONDENT) DARKWA DWAMENA ACHIA (CLAIMANT/RESPONDENT)
HONYENUGA J.A. This is an appeal by the plaintiff/appellant from the decision of the High Court, Accra dated the 3rd day of July 2009. The said decision granted an order for a stay of any further execution of the judgment in Suit No. INT.47/2007 dated 11th June 2001 which set aside the sale of plot No. 4, Cemetry close, Dansoman Housing Estate, Accra. The facts of this appeal are that the plaintiff/appellant obtained judgment against the defendant/respondent for ¢256,120,000.00 on the 11th June 2001. He executed the said judgment by selling House Number 901/16, Dansoman-Sahara, the house in which the defendant/respondent lived. The claimant/respondent caused a notice of claim, and a notice of dispute to be filed on her behalf. As a result the Chief Registrar of the High Court issued an interpleader summons but it was struck out because the claimant was absent. It was after this that the claimant/respondent caused a writ of summons numbered as BL648/2005 dated 13th July 2005 ....