GERMAN EQUIPMENT AND MACHINERY COMPANY vs. MINISTRY OF LOCAL GOVERNMENT & RURAL DEVELOPMENT (MLGRD) AND THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

RULING I have listened to the submission for the grant of the application filed by the Plaintiff/Judgment Creditor /Applicant (hereinafter called the Applicant) on 31st August, 2023. I have read the documents filed in this application. The Applicant is praying the court to make an order directed at Bank of Ghana as a garnishee bank in respect of the accounts of Ministry of Local Government and Rural Development and District Assembly Common Fund held at Bank of Ghana. Under Order 47 (1) of C.I.47, it is the account of a Judgment Debtor which can be attached in respect of garnishee proceedings. In this case, the District Assembly Common Fund is not a party in the case. The District Assembly Common Fund is therefore not a judgment debtor in the case. The Judgment Debtor in the case as per the writ of summons is the Ministry of Local Government and Rural Development. There is no relation of Judgment Debtor and Creditor between District Assembly Common Fund and the Judgment Creditor....