SAMUEL GYAMFI vs. BANK OF GHANA AND 3 OTHERS AND IN THE MATTER OF THE REPUBLIC vs. MRS. YVONNE ASAFO-ADJAYE AND OTHER EX PARTE SAMUEL GYAMFI [2013]DLHC8237

SAMUEL GYAMFI vs. BANK OF GHANA AND 3 OTHERS AND IN THE MATTER OF THE REPUBLIC v... [2013]DLHC8237

Date	2013-01-09
Suit No.	SUIT NO. C12/133/12
Citation No.	[2013]DLHC8237

HIS LORDSHIP JUSTICE JACOB B. BOON

HANS K. KODUAH FOR THE PLAINTIFF/APPLICANT

ANDREW DANIELS FOR THE RESPONDENTS

[2013]DLHC8237
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													<main id="main" class="content" style="min-height: 60rem" >SAMUEL GYAMFI<o:p></o:p>vs.<o:p></o:p>BANK OF GHANA AND 3 OTHERS<o:p></o:p>AND<o:p></o:p>IN THE MATTER OF THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>MRS. YVONNE ASAFO-ADJAYE AND
OTHER<o:p></o:p>EX PARTE SAMUEL GYAMFI<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. C12/133/12&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 9TH
JANUARY, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>HANS K. KODUAH FOR THE PLAINTIFF/APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ANDREW DANIELS FOR
THE RESPONDENTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;text-indent:0cm;line-height:normal;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>This ruling is in respect of an application
for contempt of court filed by the plaintiff in the main suit against the
respondents who are the Manager, and an officer of Merchant Bank (Ghana)
Limited Kumasi.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff/applicant, to be called
the plaintiff, filed the contempt motion on account of an order made by this
court on 12th December, 2012 directing the bank to release to the
plaintiff, an amount of GH¢70,591.22 which the second respondent said on oath
was held by the bank for the 4th defendant/judgment debtor in the
main suit between the plaintiff and four defendants including the 4th
defendant. After the order was made for the payment of the money to the
plaintiff, the respondents rather wrote to the Registrar of the court and
copied to the plaintiff and others alleging the credit balance of the 4th
defendant is zero. The letter then indicated that the bank was not in a
position to carry out the order of the court as there are no funds in the
account of the 4th defendant. <o:p></o:p><o:p>&nbsp;</o:p>To remind ourselves, the second
respondent was summoned by the plaintiff on garnishee proceedings to show cause
why funds held by Merchant Bank, Kumasi for the 4th defendant should
not be used to pay part of the judgment debt of the 4th defendant.
When he appeared, he tendered in evidence the statement of account operated by
the said defendant at Merchant Bank. This is exhibited in this application as
KKH1. Inspite of the fact that the exhibit showed that the 4th
defendant had no funds in that account, second respondent said the defendant
had funds at the bank and the court ordered that an amount of GH¢70,591.22 be
paid to the plaintiff. It was the letter from the bank indicating it could not
comply with orders of the court to pay the amount ordered that necessitated the
instant application praying the court to cite the respondents for contempt for
refusing and/or failing to carry out the orders, which, in the opinion of
counsel for the applicant was tantamount to willful disobedience of the court’s
order to them to release the amount of money the second respondent said the
bank held in favour<o:p></o:p>of 4th defendant as a customer. 
 
<o:p></o:p>The application was vehemently opposed
by the respondents. Several grounds were canvassed by their counsel on their
behalf. It was argued that the order was incapable of being obeyed by the
respondents because the money was ordered to be paid from an account that had
no such credit balance; that indeed the account had no funds at all; that the
respondents could therefore not be held for being in willful disobedience of
the court’s order.<o:p></o:p><o:p>&nbsp;</o:p>I disagree with counsel on this line
of argument. The order that was drawn and served on the respondents did not
refer to a particular account. The order was based on the testimony of second
respondent that the judgment debtor had funds in its favour with the bank and
the bank was ordered to pay the money it kept for the judgment debtor to the
plaintiff.<o:p></o:p>