THE REPUBLIC vs THE HIGH COURT (COMMERCIAL DIVISION 9), ACCRA EX PARTE: ECOBANK GHANA LIMITED (APPLICANT) ORIGIN 8 LIMITED, GREATER ACCRA PASSENGER TRANSPORT EXECUTIVE

The 1st Interested Party obtained judgment against the 2nd Interested Party in High Court Commercial Division 9, Accra, for recovery of GH¢1,079,201.58. A garnishee nisi order was served on Ecobank Ghana Limited (Applicant) to pay monies held for the 2nd Interested Party. The Applicant paid GH¢122,195.60 but withheld the balance of GH¢975,005.97. The 1st Interested Party then obtained garnishee nisi orders against the Bank of Ghana to attach Applicant's funds. The Applicant challenged the enforcement on grounds that the 1st Interested Party failed to file and serve an entry of judgment as required by Order 47 rule 42 of the High Court Civil Procedure Rules, 2004 (C.I. 47). The High Court dismissed the Applicant's motion to stay proceedings and set aside the garnishee order nisi served on Bank of Ghana.

RULING KULENDI JSC:- INTRODUCTION The Applicant herein has invoked our supervisory jurisdiction pursuant to article 132 of the Constitution and Rule 61 (1) of the Supreme Court Rules. The antecedent contentions that sparked the instant application are that the 1st Interested Party is the judgment creditor in Suit No.: CM/RPC/0771/17, having obtained judgment against the 2nd Interested Party in the High Court Commercial Division 9, Accra, for the recovery of a judgment sum on 4th December, 2018 and 14th February, 2019. Consequently, an entry of judgment was filed for the sum of One Million and Seventy-Nine Thousand, Two Hundred and One Ghana Cedis and Fifty-Eight Pesewas (GH¢ 1,079,201.58). Subsequently, the 1st Interested Party obtained and served an order for garnishee nisi on the Applicant herein to appear before the High Court on 16th December, 2019 to show cause why monies standing to the credit of the 2nd Interested Party and held with the Applicant should not be paid....