MCS INTERNATIONAL LTD vs. YURI-M PLASTICPRODUCT (GH.) LTD & THE TRUST BANK

AKAMBA, JSC: This is an appeal from the ruling of the High Court, Commercial Division, Accra on 19th August 2010 upholding the claimant/respondent’s claim in an interpleader action against properties taken in execution of a consent judgment entered against Yuri M Plastics Products (Gh.) Ltd, the Defendant/Judgment Debtor herein by the said High Court. The brief under pinning facts to this appeal arise from an action by the plaintiff/judgment creditor/appellant (herein after simply the appellant) against the defendant/judgment /debtor (herein after simply the defendant) at the High Court, Commercial division for a liquidated sum on 8th January 2008. The High Court, on 18th September 2008 entered consent judgment in favour of the appellant. The appellant initiated execution process by a writ of Fieri Facias which was sealed on 10th March 2009 leading to the attachment of the properties and machinery belonging to the defendant. On 7th April 2009, the Claimant/respondent (herein afte.....