FIRST ATLANTIC MERCHANT BANK LTD. vs. FREDRICK KYEI ENTERPRISE LTD. AND TWO OTHERS

In this application, the defendants/judgment/debtors, to be called the defendants, are seeking an order of the court to set aside the execution process initiated against their properties, more particularly the purported attachment of a warehouse at Amanfrom, Barekese Road, Kumasi. The execution process is as a result of a judgment entered by Appau J, as he then was, on 27th March, 2006 for the plaintiff bank, to be referred to as the plaintiff, for the recovery from the defendants a total amount of 11, 201, 644, 547 Old Cedis. Various properties were subsequent attached in an effort to execute the judgment against the defendants. From the records on 18th May, 2006, a mercedez benz No. AS 440 R, a yard, offices and stores all at Amanfrom-Ashanti were attached. Again on 10th September, 2006, another writ of execution filed indicated that four Daf articulator heads, one scania head, four flat articulator trailors and scraps also at Amanfrom–Ashanti were levied. I have not seen any evide.....