ALEX AMOATEY & 8 ORS. vs MENZGOLD GH. LTD.

PRELIMINARY LEGAL OBJECTION BY COUNSEL FOR INTERESTED PARTY (EOCO) ON THE MOTION ON NOTICE FOR AN ORDER FOR PART OF THE MONEY STANDING TO THE CREDIT OF THE DEFENDANT/JUDGMENT/DEBTOR IN COURT TO BE PAID TO THE PLAINTIFFS/JUDGMENT/CREDITORS

Counsel for the Interested Party (EOCO) has raised a preliminary legal objection to a motion on notice for an order for part of the money standing to the credit of the Defendant/Judgment Debtor in Court to be paid to the Plaintiffs/Judgment Creditors which was filed on 20th January 2022.

His grounds being that because Defendant is being prosecuted in a Court of competent jurisdiction, this Court cannot release the said funds until the prosecution is concluded.

Counsel for Plaintiffs/Judgment Creditors submitted in opposing this preliminary legal objection that the fact that Defendant is being prosecuted does not act as a fetter on the rights of Plaintiffs/Judgment Creditors.

The said amount of money which is the subject matter of the instant application has been lodged into an interest yielding account pending the determination of criminal proceedings against the judgment debtor at the Circuit Court as ordered by the Court.

The said order has not been set aside by any Appellate Court and so is still valid.

As long as the criminal proceedings against the judgment debtor has not been determined, the said amount of money cannot be paid out.

Counsel for the Interested Party’s (EOCO) preliminary legal objection to the motion on notice for an order for money standing to the Credit of the Defendant/Judgment Debtor to be paid to the Plaintiffs/Judgment Creditors filed on 20th October 2022 is hereby sustained.

The said motion is therefore struck out.

(SGD.)

AFI AGBANU KUDOMOR, J (MRS)

(JUSTICE OF THE HIGH COURT)