[2025]DLHC18428July 25, 2025High Court

JOYCE ZINIA NUNOO vs. EDLORM HOUSING GH. LTD

The Plaintiff, Joyce Zinia Nunoo, obtained a Consent Judgment against the Defendant, Edlorm Housing Ghana Ltd, for sums owed under a loan agreement. The Defendant defaulted on payment, leading to a Garnishee Order against funds in a UBA bank account. The Plaintiff, Shelter Afrique, claimed the bank account was an escrow account jointly owned with Edlorm Housing and that the funds did not belong solely to Edlorm Housing. The dispute centered on whether the funds in the escrow account could be attached to satisfy the judgment debt.

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JUDGMENT BACKGROUND [1] The Plaintiff Judgment Creditor instituted an action against the Defendant/Judgment Debtor (hereinafter called “the Judgment Debtor”) on 23rd June for the following relief: a. An order against the Defendant for the payment of the sum of USD76,900 which the Defendant owes the Plaintiff. b. Interest on relief (a) above at the commercial bank lending rate from 17th May 2012 till the date of final payment. c. An order against the defendant for the payment of GHS 58,660.00 which the Defendant owes the Plaintiff. d. Interest on relief (c) above at the commercial bank lending rate from 2nd November 2016 till date of final payment. e. Damages for breach of contract. f. Costs. [2] The parties settled the matter out-of-court and filed their Terms of Settlement on 24th March 2022. The court differently constituted adopted the said terms of settlement as Consent Judgment on the said date. [3] The Judgment debtor defaulted on the terms and the Judgment Creditor commence...