SASU VRS ACCURATE AFRICA CO. LTD (E2/73/21) [2023] GHAHC 481 (3 November 2023)

SASU VRS ACCURATE AFRICA CO. LTD (E2/73/21) [2023] GHAHC 481 (3 November 2023)

The attached properties do not belong to the defendant/judgment debtor but to the claimant, and there is no basis to attach them in execution of the judgment against the defendant. The corporate veil was not lifted, and the judgment was not against the claimant.

Citation
[2023] GHAHC 481
Parties
Plaintiff/judgment Creditor: Solomon Sasu; Defendant/judgment Debtor: Accurate Africa Co. Ltd; Claimant: Richard Amoako
Court
High Court
Jurisdiction
Ghana
Judgment Date
3 November 2023
Case Number
E2/73/21
Procedural Posture
Interpleader / Judgment
Outcome
claim allowed
Legal Topics
Interpleader Proceedings, Attachment of Property, Corporate Veil, Execution of Judgment
Source Language
English
Civil Procedure Property Law Company Law Interpleader Proceedings Attachment of Property Corporate Veil Execution of Judgment

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Parties

Solomon Sasu

Plaintiff/judgment Creditor

Accurate Africa Co. Ltd

Defendant/judgment Debtor

Richard Amoako

Claimant

Procedural Posture

Interpleader / Judgment

Legal Issues

  1. 1 Whether the attached properties belong to the defendant/judgment debtor or the claimant
  2. 2 Whether the claimant's title to the attached properties is valid against the execution by the plaintiff

Ratio Decidendi

The attached properties do not belong to the defendant/judgment debtor but to the claimant, and there is no basis to attach them in execution of the judgment against the defendant. The corporate veil was not lifted, and the judgment was not against the claimant.

Court Disposition

claim allowed

Orders

  • Registrar to release Plot No. F77 at Fiaji Village, Cocoa Products Industrial Area and Honda Pilot S/Wagon vehicle GR 7910-15 to Richard Amoako forthwith.