[2024]DLCA17841July 25, 2024Court of Appeal

DIGITRONIX SYSTEMS LIMITED vs. JISLAH FINANCIAL SERVICES AND CDH SAVINGS AND LOANS LIMITED (IN RECEIVERSHIP) & 3 ORS.

Digitronix Systems Limited obtained a default judgment against Jislah Financial Services Limited for GH¢48,057,978.70. To enforce the judgment, Digitronix obtained a garnishee order nisi against the receivers of Jislah Financial Services Limited, who stated they held no funds but identified Consolidated Bank Ghana Limited (CBG) as holding monies for the judgment debtor. Subsequently, a garnishee order nisi was issued against CBG, but two claimants, the receivers and NDK Capital Limited, filed Notices of Claim asserting interest in the funds. The High Court dismissed the interpleader action filed by these claimants and ordered CBG to release funds to Digitronix. The appellants in this appeal, being other entities in receivership, filed a notice of appeal despite not being parties to the interpleader suit or the judgment appealed from.

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JUDGMENT GIFTY AGYEI ADDO JA INTRODUCTION Per the purported notice of appeal filed on 21st November 2022, the Appellants, namely: • CDH Savings and Loans Limited (in receivership). • First Trust Savings and Loans Limited (in receivership.) • Global Access Savings and Loans (in receivership). • Ideal Financial Limited (in receivership). inform us, that they are dissatisfied with the judgment of the High Court, Accra, presided over by His Lordship, Justice Constant Kweku Hometowu, dated 17th November 2022, dismissing the interpleader action filed on 4th February 2022. According to the Appellants, their appeal, for which we have been invited on the sole ground that the judgment is against the weight of the evidence, is in respect of the 17th November 2022, judgment. The Notice of Appeal can be found on pages 149 to 151 of the Record of Appeal. The judgment dated 17th November 2022, can also be found on pages 137 to 148 of the Record of Appeal. We do not feel constrained ...