SAMUEL GYAMFI vs. BANK OF GHANA AND 3 OTHERS AND IN THE MATTER OF THE REPUBLIC vs. MRS. YVONNE ASAFO-ADJAYE AND OTHER EX PARTE SAMUEL GYAMFI

This ruling is in respect of an application for contempt of court filed by the plaintiff in the main suit against the respondents who are the Manager, and an officer of Merchant Bank (Ghana) Limited Kumasi. The plaintiff/applicant, to be called the plaintiff, filed the contempt motion on account of an order made by this court on 12th December, 2012 directing the bank to release to the plaintiff, an amount of GH¢70,591.22 which the second respondent said on oath was held by the bank for the 4th defendant/judgment debtor in the main suit between the plaintiff and four defendants including the 4th defendant. After the order was made for the payment of the money to the plaintiff, the respondents rather wrote to the Registrar of the court and copied to the plaintiff and others alleging the credit balance of the 4th defendant is zero. The letter then indicated that the bank was not in a position to carry out the order of the court as there are no funds in the account of the 4th defendant....