THE REPUBLIC vs. HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI ECOBANK GHANA LIMITED

The Supreme Court delivered judgment on 25 July 2018 in favor of Daniel Ofori to recover GH₵96,304,972.41 from Ecobank Ghana Limited. The Supreme Court ordered enforcement of its judgment by the High Court on 28 July 2021. Daniel Ofori initiated garnishee proceedings in the High Court to enforce the judgment. Ecobank filed a separate suit in the High Court seeking to set aside the Supreme Court judgment on grounds of fraud, which was dismissed. Ecobank appealed and obtained a stay of execution from the High Court, which granted an interlocutory injunction restraining enforcement of the Supreme Court judgment pending appeal. Daniel Ofori challenged this injunction as beyond the High Court's jurisdiction.

RULING MAJORITY OPINION ASIEDU, JSC. [1.0]. INTRODUCTION This application for the exercise of the supervisory jurisdiction of this Court, seeks an order of certiorari to quash the ruling of the High Court, dated the 5th day of June 2024, in the case bearing suit number CM/MISC/0829/2021 titled Daniel Ofori vs. Ecobank Ghana Limited. The application also seeks a declaration that the High Court has no jurisdiction to entertain any application to stay execution of a judgment of the Supreme Court, and finally, an order of prohibition restraining the High Court from entertaining any proceedings and/or applications to restrain the execution proceedings (sic) commenced in the suit intituled Daniel Ofori vs Ecobank Ghana Limited (Suit No. CM/MISC/0829/2021) as ordered by the Supreme Court. [1.1] FACTS: The applicant says in the supporting affidavit, among others, that the Supreme Court, on the 25th July 2018, entered judgment in his favour to recover the sum of GH₵96,304,972.41 fro.....