[2020]DLHC8722 • February 3, 2020 • High Court
GEORGE TETTEH QUAYE vs. CHAINA JIANGSU JIANDA CONSTRUCTION, INC AND 2 ORS AND IN THE MATTER OF NOTICE OF CLAIM BY ATTACHY CONSTRUCTION CO. LTD
The applicant, George Tetteh Quaye, filed a writ on 2nd March 2017 seeking recovery of two tipper trucks allegedly purchased from the defendants but not released despite full payment. The defendants did not appear, and a final judgment was entered in favor of the applicant on 31st May 2017. Subsequently, two trucks were seized under a writ of fieri facias (fifa). Attachy Construction Company Limited filed a notice of claim asserting ownership of the seized trucks, leading to an interpleader suit. The applicant moved to dismiss the interpleader suit, arguing it was inappropriate since a final judgment had been entered and the trucks were not attached in execution but specifically awarded.
read moreOn 17th December 2019, counsel for plaintiff/applicant hereinafter called the applicant, filed the instant application praying the court for “an order dismissing the claimant Interpleader suit on the compendium ground that the High Court differently constituted entered final judgment in favour of the applicant dated the 31st day of May 2017 specifically for the two trucks and therefore the interpleader suit is not the appropriate proceedings to be issued challenging its judgment aforesaid and on the grounds more particularly set out in the supporting affidavit”. The motion is supported by affidavit deposed to by one Douglas Osei Owusu with exhibits attached thereto. I wish to quote the relevant paragraphs of the affidavit in this ruling. 7. That I wish to state that based on the authorities, Interpleader Suit was not the appropriate relief or remedy the claimant should have sought from the court once the court had entered final judgment over the trucks. 8. That the trucks wer...