SWISS INTERNATIONAL AIRLINES LTD vs. THE REGISTRAR, BARCLAYS BANK GHANA LTD AND THE ATTORNEY-GENERAL

The Plaintiff’s case in the instant suit was that sometime in 2003 it was a party to Suit No. Misc.864/2003 entituled Abraham Yeboah & Others v. Karl Wutric (Administrator in Bankruptcy of SWISSAIR) and Swiss International Airlines. As 2nd Defendant in that suit, it had entered appearance and filed a defence. The 1st Defendant on the other hand did not enter appearance or cause a defence to be filed on its behalf resulting in the Plaintiff therein taking judgment against 1st Defendant in default of appearance. The Plaintiff averred that notwithstanding the fact that judgment had not been taken against it, a garnishee order was drawn up by the Registrar of the Court, i.e. 1st Defendant in this case, causing its account with 2nd Defendant to be debited with the amounts of GH¢301,664.06 and US$88,990.44. In view of this, the Plaintiff claimed against the 1st Defendant as Registrar of the Court, the 2nd Defendant, its bankers and the 3rd Defendant as the Government’s Princip...