[2019]DLHC7177 • April 15, 2019 • High Court

OLD PARK ENGINEERING SERV. LTD (PLAINTIFF/RESPONDENT/RESPONDENT) vs. CASSEL ENERGY LIMITED (DEFENDANT/JUDGMENT/DEBTOR) LHS GHANA LIMITED (CLAIMANT/APPELLANT/APPLICANT)

The case arises from an interpleader action where judgment was given in favor of the Claimant in respect of certain items except immovable property situated at Tema, which was found to be rightfully owned by the Judgment Debtor (Cassel Energy Limited). The Claimant (LHS Ghana Limited) was dissatisfied and filed an appeal and a motion for stay of execution, which was refused. The Claimant then filed an application for an injunction to restrain execution pending determination of the appeal.

read more

This is an application filed by the Claimant/Appellant/Applicant seeking an order of injunction to restrain the Deputy Sheriff from proceeding with the execution process in respect of land pending the determination of an interpleader appeal. I have read the Application and the various affidavits filed by the parties. I have also considered the statement of case filed by both Counsel in support and in opposition to the application. Regard has also been given to Order 25 of the High Court Civil Procedure Rules (C.I. 47). A brief summary of the facts giving rise to this application are that, in an interpleader action by the Applicant herein, Judgment was given by this Court on 14th January 2019 in favor of the Claimant in respect of certain items except immovable property situated at Tema, which this Court found to be rightfully owned by the Judgment debtor. The Applicant, dissatisfied with the decision of the Court, filed an appeal on 21st January 2019. Pursuant to the appeal, Applican...