MRS GINA BLAY vs. PHC MOTORS LTD TATA HOLDINGS (GHANA) LTD

JUDGMENT This is an Interpleader Claim in which a Claimant has claimed ownership of certain goods seized by the Execution Creditor in execution of the judgment debt owed to it by a Judgment Debtor in a previous suit. In Republic v. High Court Accra; Ex parte Anyan (Platinum Holdings Interested Party) (2009) SCGLR 255 @261, the court defined the word interpleader thus: Interpleader is a proceeding by which a person, from whom two or more persons claim the same property or debt or land who does not himself claim the property or dispute the debt, can protect himself from legal proceedings by calling upon the two claimants to interplead – that is to say, claim against one another so that the title to the property or debt may be decided. Interpleaders may be divided into two types; the first is where a sheriff seizes or intends to seize goods by way of execution and a person (other than the judgment debtor) claims them. Here the sheriff initiates the proceedings to determine whethe.....