ERIC ABROKWAH & ORS. vs. WEST PALM INVESTMENT LIMITED AND PROSPER BENNOAH

The subject-matter of this interpleader suit is vehicle with registration number AW 5089- 12. The parties to this suit are the execution creditors in an earlier suit against West Palm Investment and the claimant to whom the vehicle in contention was issued by West Palm on “Work and Pay” basis. The claimant was made the Plaintiff, and the execution creditors, the Defendants, for the determination of the issues before this court. The issues for determination are:(i) Whether or not oral evidence can be admitted to contradict documentary evidence; (ii) Whether or not the vehicle in issue belongs to West Palm Investment Ltd; and iii) Whether the said vehicle can be attached in satisfaction of a debt owed by West Palm Investment Ltd. The evidential burden as well as the burden of persuasion of the 1st issue first rests on the Plaintiff. This is because it is the Plaintiff who seeks to rely on terms contrary to what is contained in the written agreement between him and West Palm In...