ZENITH BANK GHANA LTD vs. BAKAN ENERGY GHANA LTD AND REALTY ADVISORS INC GOVERNMENT OF GHANA (GARNISHEE/J DEBTOR) RICHELLE ENERGY CO. LTD (1ST CLAIMANT) RICH OIL CO. LTD (2ND CLAIMANT) [2019]DLHC7560

ZENITH BANK GHANA LTD vs. BAKAN ENERGY GHANA LTD AND REALTY ADVISORS INC GOVERNM... [2019]DLHC7560

Date	2019-06-13
Suit No.	SUIT NO.BFS/217/2013
Citation No.	[2019]DLHC7560

HIS LORDSHIP JUSTICE JEROME NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT

EDEM KUTSIENYO WITH OSEI TUTU BONSU FOR NII ODOI ODOTEI FOR THE PLAINTIFF JUDGEMENT CREDITOR

GERSTER TAMAKLOE FOR KWAME ASARE BEDIAKO FOR THE CLAIMANTS

[2019]DLHC7560
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													<main id="main" class="content" style="min-height: 60rem" >ZENITH BANK
GHANA LTD<o:p></o:p>vs.<o:p></o:p>BAKAN ENERGY
GHANA LTD AND REALTY ADVISORS INC<o:p></o:p>GOVERNMENT OF
GHANA<o:p></o:p>(GARNISHEE/J DEBTOR)<o:p></o:p>RICHELLE
ENERGY CO. LTD<o:p></o:p>(1ST CLAIMANT)<o:p></o:p>RICH OIL CO.
LTD<o:p></o:p>(2ND CLAIMANT)<o:p></o:p>[HIGH COURT (COMMERRCIAL DIVISION), ACCRA]<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.BFS/217/2013&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: 13TH JUNE, 2019<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>EDEM
KUTSIENYO WITH OSEI TUTU BONSU FOR NII ODOI ODOTEI FOR THE PLAINTIFF JUDGEMENT
CREDITOR <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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GERSTER
TAMAKLOE FOR KWAME ASARE BEDIAKO FOR THE CLAIMANTS <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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HIS
LORDSHIP JUSTICE JEROME NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT<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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</div>On the 15th of April 2019,
the claimants filed a notice of claim in respect of funds being held on their
behalf by the National Petroleum Authority [NPA] in the NPA’s account with the
Bank Of Ghana; which account is now the subject matter of a Garnishee Order
Nissi issued by this court on the 25th of September 2018 in this
suit in favor of the Plaintiff Judgment Creditor Zenith Bank. <o:p></o:p>&nbsp;The claimants depose in an affidavit in
support of their notice of claim that their claim is in respect of the amount
of GHC4, 870,428.74 lodged in the NPA account NO. 101863152020208.<o:p></o:p>Going further the claimants state that
in Suit No. CM/BDC/0293/18, commenced by Sippi Logistics Ltd against the
claimants, the plaintiffs, therein, obtained an Order for Preservation of funds
by Payment into Court [exhibit RRC1]. By this order according to the claimants
NPA was to pay all under recoveries due the 1st claimant into court
pending the determination of the matter commenced by Sippi Logistics Ltd.
According to the claimants those under recoveries were to have been paid out
the NPA account with the Bank of Ghana for lodgment in an interest bearing
account by the Registrar of court.<o:p></o:p>&nbsp;The claimants depose further that the parties
commenced negotiations and arrived at terms of Settlement, which terms have
been adopted by the court as its judgement and subsequent to this orders
directed at NPA have been made by this court, for the payment of the judgment sum
[Exhibit RRC 3A and Exhibit RRC 3B] dated 14th of March 2019. That it was upon
service of these orders on the NPA that the claimants say they were informed
that the account which had the funds they were after was subject of a Garnishee
Nissi Order dated 25th September, 2018.<o:p></o:p>Claimants argue that even though the
Garnishee Order Nissi was served first before the Preservation order was served
on NPA, same did not detract from the validity of the Preservation order nor
did it affect the earlier interest of the parties in the Sippi Logistics Ltd
case. They argue further that they have legal interest in the sum specified in
the account in issue.<o:p></o:p>&nbsp;The
claimants in closing say that by the combined effect of the preservation
order&nbsp; and subsequent final orders for
the release of the judgement sums and the NPAs Motion for Variation of Orders,
it is obvious that:<o:p></o:p>&nbsp;GHC4, 870, 428.74 out of whatever amount is in
the Account in issue belongs to the parties in the Sippi Logistics Ltd case<o:p></o:p>There is a valid preservation order
made in June 2018 before the Garnishee order Nissi issued in September 2018<o:p></o:p>There is a judgement followed by valid
orders for release of GHC4,870,428.74 in the account&nbsp; Garnisheed, therefore severe injustice and
irreparable harm and damage will occasion the claimants should sums belonging
to the claimants to be used in the execution of a judgement secured in a
different suit.<o:p></o:p>