DR. PETER ATTA SAM vs. D. O. SYSTEM LTD

RULING This is an Application for a Garnishee Order Absolute by Plaintiff in respect of the Bank of Ghana which was said to hold funds on behalf of Ministry of Finance and Economic Planning which itself was said to hold sums of money on behalf of the Defendant/Judgment-Debtor. The court had prior to these proceedings issued a Garnishee Order absolute against the Ministry of Finance and subsequently a Garnishee Order Nisi against the Bank of Ghana to appear in court and to show cause why monies in their custody held on the Ministry’s behalf should not be utilized to pay off the judgment debt awarded in Plaintiff’s favour. It was during these proceedings that the Ministry of Finance informed the court that all monies due to the Defendant had been duly paid to it and that it held no funds belonging to the Defendant. Evidence gleaned from the examination on oath of the Ministry of Finance’s representative revealed the following: On 16th June 2011, a credit facility was a...