[2019]DLHC9040April 16, 2019High Court

PRESTIGE CAPITAL LIMITED vs. LIBERTY ASSET MANAGEMENT LIMITED, ECOBANK GHANA LTD , FIDELITY BANK GHANA LTD AND ZENITH BANK GHANA LTD

The question which the Court has been called upon to answer is whether or not the 1st garnishee bank, Ecobank, is liable to pay to the Plaintiff/Judgment/Creditor, referred to hereafter as Plaintiff any sums it holds on account of the Defendant/Judgment/Debtor, who is also referenced as Defendant hereafter, pursuant to the order of garnishee nisi served on it. The relevant facts that led to the call on this court to make such a determination as gleaned from the affidavits in support of and in opposition filed by the parties herein are as follows. On August 2, 2018, the Plaintiff obtained final judgment in default of defence against the Defendant for the recovery of the sum of two million and two thousand four hundred and thirty-seven Ghana cedis fifty pesewas (GH¢2,002,437.50) and costs of fifty thousand Ghana cedis (GH¢50,000.00). On August 6, 2018, a garnishee order nisi was entered by the Court, which per the records of the Court was served on the garnishee banks on September 1.....