CHRISTIAN ADU AMANING vs ASN FINANCIAL SERVICES LIMITED & 3 ORS.

MOTION ON NOTICE TO SET ASIDE ORDER DATED 9TH OCTOBER 2019 RELEASING PROPERTIES FROM ATTACHMENT

The instant application is a Motion on Notice filed on behalf of the Plaintiff/Judgment/Creditor/ Applicant (hereinafter referred to as Applicant) praying the Court for an Order to set aside the Order of this Court dated 9th October, 2019 releasing properties from attachment.

According to the depositions in the Affidavit in support of the instant application, following the attachment of some properties alleged to belong to 1st Defendant/Judgment/Debtor in execution of the Judgment entered in favour of the Applicant, one ASN Holdings Limited which described itself as “Formerly African Support Network Limited” filed a Notice of Claim in respect of the attached properties.

That this Notice of Claim was struck out by the Court 7th February, 2019.

That on 29th April 2019, African Support Network Limited (Claimant/Respondent hereinafter referred to as Respondent) filed a Notice of Claim in respect of the attached properties which was disputed by the Applicant herein.

That before the determination of the said Claim which had been fixed for 9th October 2019, the 1st Defendant/Judgment/Debtor was placed under Receivership by the Bank of Ghana.

That although the said placement under Receivership was done Twenty-Six (26) months after the Notice of Attachment was issued, the Court on 9th October, 2019 ruled that under Section 128 (d) of Act 930, it could not make any ruling or Order on the matter as it was compelled to stay proceedings therein.

That the Court proceeded to Order that the attached estate buildings be released from attachment with the reason that Applicant no longer had any interest in the case going forward because his interest had been subsumed by the Bank of Ghana’s appointed Receiver.

That Applicant dissatisfied with the said decision filed an appeal at the Court of Appeal and successfully applied for an Order of interim injunction pending the determination of the said appeal.

That the Court in granting the said application observed that Counsel for Applicant had raised a valid legal point in his submission that by virtue of Section 132 (1) (h) of Act 930, a Receiver is not entitled to set aside attachments which existed Six (6) months before the effective date of Receivership.

That the Court of Appeal did not hear the appeal on its merits but struck it out for having been filed out of time.

According to Applicant, the Court Order of 9th October