[2018]DLHC10146February 19, 2018High Court

STANDARD CHARTERED BANK vs. CONTINENTAL COMMODITIES TRADING CO. LTD & 3 ORS Y. DISTRIBUTION LTD

1.0 Background 1.1 This is an interpleader proceedings following notice of claim the claimant filed on 9 May 2017 to assert rights and ownership to 6,205 bags of rice that it claims to have stocked in two sheds in a warehouse at Tema, which the execution creditor bank had attached in execution of a consent judgment of this court dated 8 June 2016. The consent judgment relates to a suit the execution creditor bank then as plaintiff commenced against four defendants/judgment debtors , which the parties ultimately settled by filling terms of settlement. 1.2 The defendant judgment debtors, particularly 1st defendant, Continental Commodities Trading Company Limited (CCTC) who I shall describe here as the judgment debtor breached terms of the consent judgment. The bank successfully secured order of the court to execute the consent judgment, but it encountered initial challenges, as the security personnel at post at the CCTC’s warehouse prevented the bank entry into the warehouse to u.....