[2022]DLSC11161 • January 18, 2022 • Supreme Court •
THE REPUBLIC vs. HIGH COURT (CRIMINAL DIVISION 9), ACCRA EXPARTE: ECOBANK GHANA LIMITED ORIGIN 8 LIMITED AND GREATER ACCRA PASSENGER TRANSPORT EXECUTIVE
The applicant, Ecobank Ghana Limited, was subject to a garnishee order absolute issued by the High Court Commercial Division 9, Accra, for payment of a judgment debt. The applicant appealed the order to the Court of Appeal and sought a stay of execution. After refusal by the Court of Appeal, the applicant applied to the High Court to suspend the garnishee order and stay execution pending appeal. The High Court declined jurisdiction and dismissed the application as incompetent. The applicant then sought supervisory jurisdiction of the Supreme Court to quash the High Court's ruling and compel it to hear the application on the merits.
read moreMy Lords, on the 18th January, 2022, we unanimously granted the prayers of the applicant in this motion but reserved the reasons. We now proceed to give our reasons for the decision. This is an app, jurisdiction over the High Court (Commercial Division 9), Accra, in relation to its ruling declining jurisdiction in a motion praying for the suspension of a garnishee order absolute and stay of garnishee proceedings pending appeal. There is pending before the High Court proceedings of execution of its judgment for payment of money. Following the grant of garnishee orders nisi against two banks, the court made an order absolute against the applicant alone for payment of the whole of the judgment debt to the judgment creditor/interested party. Being aggrieved by the order, the applicant lodged an appeal against it in the Court of Appeal. After initially applying to the Court of Appeal for stay of execution of the order pending the appeal and meeting a refusal, the applicant returned to the...