[2019]DLHC7266 • January 14, 2019 • High Court
OLD PARK ENGINEERING SERVICE LIMITED (PLAINTIFF/J/CR) vs. CASSEL ENERGY LIMITED (DEFENDANT/J/DR) AND LHS GHANA LIMITED (CLAIMANT)
The core issue which I have to adjudicate on in this interpleader action is as to whether or not the attached movable and immovable properties situate at Tema belong to the Defendant/Judgment/Debtor for which the Execution-Creditor can lawfully attach in satisfaction of the judgment debt of Cassel Energy Limited. The case of the Claimant is that A-Z Petroleum Company and Tema Development Corporation entered into a lease agreement whereby TDC leased a parcel of land for a term of 60years to A-Z Company Limited. Claimant contends further that on the 31st May, 2013, A-Z Petroleum Company assigned its unexpired interest in the land to the Defendant/Judgment/Debtor, Cassel Energy Limited. According to the Claimant, Cassel Energy Limited, the Defendant/Judgment/Debtor, also on the 19th June, 2015, transferred its interest in the land to the Claimant for a period of 25 years. It is further the case of the Claimant that the movable properties listed in paragraph 10 of their affidavit of i...