[2019]DLHC7142 • April 18, 2019 • High Court
SETHI BROTHERS GHANA LIMITED (PLAINTIFF) vs. REGENCY ALLIANCE INSURANCE LIMITED (DEFENDANT)
The plaintiff obtained a judgment against the defendant on 22 June 2018, ordering payment of certain sums. The defendant appealed and sought stay of execution, which was granted on terms by the High Court and later varied by the Court of Appeal. The defendant filed further appeals and motions for stay of execution pending appeal before the Supreme Court. Meanwhile, the plaintiff obtained a garnishee order nisi against the defendant's bank accounts. The defendant applied to set aside this garnishee order, arguing that the pending Supreme Court motion for stay of proceedings should have prevented the garnishee order.
read moreThe present application seeks an order of this court to set “aside the garnishee order granted on the 26th March 2019”. The application is brought under the inherent jurisdiction of the court. On the 22nd day of June 2018, this court entered judgment in favour of the plaintiff/respondent against the defendant/applicant and ordered certain sums of money to be paid by the defendant to the plaintiff. The defendant filed an appeal against the said judgment to the Court of Appeal and later, filed an application before this court, for the stay of execution of the judgment delivered. The said application was heard by this court which granted same on terms: that 30% of the judgment sum plus the costs awarded be paid to the plaintiff within a certain period of time. Viewing the grant as a refusal, the applicant repeated the application before the Court of Appeal which, on the 19th November 2018, varied the order of this court by ordering that 15% of the judgment sum and costs be paid by th...