[2008]DLSC2466 • October 29, 2008 • Supreme Court •
THE REPUBLIC vs. THE AUTOMATED FAST TRACKHIGH COURT ACCRAEX-PARTE: MACLEOD & SNOWRAD LTD. & ANOR
The applicant, Macleod & Snowrad Ltd., was a defendant in a civil action tried by Gyaesayor J. The interested party obtained a judgment and subsequently a garnishee order against the applicant's accounts at Agricultural Development Bank. The applicant challenged the garnishee proceedings and subsequent orders on grounds including the trial judge's loss of jurisdiction after elevation to the Court of Appeal and procedural irregularities in the garnishee process.
read moreATUGUBA J.S.C. The applicant was a defendant to a civil action by the interested party which was tried by Gyaesayor J as he then was. The interested party who won the action applied for and obtained a garnishee order against the Agricultural Development Bank in respect of the applicant’s accounts thereat. The applicant now moves this court for the following reliefs: “(1) an order of certiorari directed at the Automated/Fast Track High Court (No.3), Accra presided over by His Lordship, Justice P.K. Gyaesayor to bring up to this Court for the purpose of quashing, garnishee proceedings of the trial court dated 24th April, 2008 attaching Applicant’s accounts with Agricultural Development Bank- Cedi House Branch, Accra and a subsequent order dated 20th June, 2008 for the Bank to pay the Interested Party an amount of Fifty Thousand Ghana Cedis (GH¢50,000.00), pursuant to an earlier judgment dated 8th November, 2007. (2)An order staying execution of the said judgment. AND that ...