ESSILFIE vs. GHANA PORTS AUTHORITY

JUDGMENT OF OSEI-HWERE J. The defendant-judgment-debtors have brought this motion praying the court for an order for stay of execution and for setting aside the garnishee order dated 1 June 1979. The background to this motion, briefly, is this: The plaintiff who had issued a writ against the Ghana Railway and Ports Authority as far back as 17 April 1973 finally obtained judgment against the said defendants in the sum of ¢10,802 together with ¢500 costs on 9 January 1979. The plaintiff’s action was rooted in breach of contract. After obtaining his judgment he sought by garnishee proceedings, to attach the debts which, he alleged, were owed by the Ghana Commercial Bank, main branch, Takoradi, to the Ghana Railway and Ports Authority in satisfaction of the judgment debt. The garnishee order nisi was issued and subsequently the plaintiff came to court again to pray for an order absolute. The garnishee did not answer to the summons and the plaintiff, consequently, obtained his order ...