FIRST ATLANTIC BANK LTD. vs. FREDRICK KYEI ENT. AND OTHERS vs. BENJAMIN KYEI AND OTHERS

The plaintiff bank, herein simply called the plaintiff, obtained judgment in an action against the defendants for the recovery of a loan facility it granted them. In an effort to execute the judgment, some properties, including plot Nos. 14 and 16 Amanfrom Barekese Road, said to be owned by the defendants were attached. A warehouse and a yard are on these plots of land. However, the claimants herein interpleaded alleging that they have interest in the attached properties in that they were acquired by one Benjamin Kofi Kyei, deceased, and that letters of administration of his estate including the disputed properties had been granted to them as his personal representatives. The first interpleader was filed on 10/5/06 in which the properties were described as plot Nos. 24 and 26, Amanfrom, Barekese Road. It was however discontinued on the 8/8/06 on the ground that the properties were wrongly described. On the same day a fresh interpleader was filed by the same claimants. The disputed ...