Isaac Asare Wilson V. Opoku Afriye & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Interpleader—What form of relief to be ordered—Rules of Court, Cap. 4, Schedule 3, Order 44, Rule 25 (Gold Coast)—Inconsistency therewith of form of summons, ibid., Appendix A, form 23—Description and identification of land to be released.

Facts

Order 44, rule 25, of the Rules of Court, Cap. 4, Schedule 3 (Gold Coast) provided that the relief to be granted on an Interpleader Summons was the release of the property from attachment. In the form of Summons prescribed under the rule the relief claimed was that the property should be declared and adjudged the property of the claimant.

Held

that the relief given should be that prescribed in the rule, not that claimed in the Summons.

It was impossible from the evidence and the description in the claim to identify the land with sufficient particularity to give a declaration of title, but
Held that the land was sufficiently identified, for an order releasing it from attachment to be made.

The respondent is awarded costs in this Court assessed at

£33