BONIFACE PLAHAR vs. ACCENT FINANCIAL SERVICES LTD. [2019]DLHC10190

Date	2019-06-13
Suit No.	SUIT NO. GJ/0137/2018
Citation No.	[2019]DLHC10190

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).

PATIENCE ACKAH BEING LED BY JAMES MENSAH KULLEY

COUNSEL FOR THE PLAINTIFF PRESENT

MR A.A ACKUAKU JNR COUNSEL FOR THE GARNISHEE BANK PRESENT

[2019]DLHC10190
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													<main id="main" class="content" style="min-height: 60rem" >BONIFACE PLAHAR<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ACCENT FINANCIAL SERVICES LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:<o:p></o:p>PATIENCE ACKAH BEING LED BY JAMES MENSAH KULLEY, COUNSEL
FOR THE PLAINTIFF PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

MR A.A ACKUAKU JNR, COUNSEL
FOR THE GARNISHEE BANK PRESENT<o:p></o:p>

HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).<o:p></o:p>

</div>&nbsp;RULING
ON GARNISHEE PROCEEDINGS<o:p></o:p>On
the 16th day of October, 2018 this Court, upon an application by the
plaintiff/judgment/creditor, issued an order of garnishee (nisi) against the Joint
Receivers of Capital Bank to come to Court to explain why monies standing in
the name of the defendant with former Capital Bank should not be paid to the plaintiff
in satisfaction of the judgment debt of GH₵165,276.03
owed the plaintiff by the defendant/judgment/debtor.<o:p></o:p>The
record of proceedings show that on the 29th January, 2018, the plaintiff
sued the defendant herein for the recovery of the sum of GH₵144,346.44
plus interest on the said sum from the 12th of December, 2107 to
date of final payment. The plaintiff also sued for cost, inclusive of legal and
administrative cost. <o:p></o:p>The
record further shows that on 26th February, 2018, this Court entered
judgment against the defendant after the latter failed to enter appearance to
the plaintiff’s suit. The entry of judgment filed by the plaintiff on 1st
March, 2018 showed a total judgment debt of GH₵165,276.03
against the defendant and it is this debt that the plaintiff/applicant is
seeking to recover from the garnishee because they are deemed to be the
custodians of the defendant’s account with Capital Bank which had been put in
receivership by the Bank of Ghana.<o:p></o:p>The
representative of the garnishees, Mr. Kingsford Arthur told this Court in his
evidence in chief that he was in Court to represent Messrs Vish Ashiagbor and
Eric Nana Nipah who were appointed by the Bank of Ghana as joint receivers of
Capital Bank and UT Bank when the licences of the two said banks were revoked
by the Bank of Ghana on 14th August, 2017. He told the Court that
the defendant/judgment/debtor owed Capital Bank an amount of GH₵57
million. He tendered in evidence certain documents to show that Capital Bank
made certain placements with the defendant/judgment/debtor which had not been
paid back to Capital Bank. Indeed, the two statements of account of the defendant/judgment/debtor
which has been tendered in Court by the garnishees’ representative show that
there is virtually very little money in the defendant’s accounts numbered
1902015645311 and 1907015645312.<o:p></o:p>In
the light of the garnishees’ evidence that the defendant/judgment/debtor owes
Capital Bank in receivership a total sum of GH₵57
million, this Court orders that if in the event that that debt owed to Capital
Bank is ever defrayed by the defendant/judgment/debtor, whatever amount that
will remain to the defendant’s credit afterwards should be paid to the plaintiff/judgment/creditor
herein from the accounts of the defendant/judgment/debtor which said account
numbers have been quoted supra.<o:p></o:p>(SGD)<o:p></o:p>JUSTICE ANANDA J. AIKINS
(MRS)<o:p></o:p>

&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; JUSTICE
OF THE HIGH COURT<o:p></o:p></main>