ECOBANK GHANA LIMITED vs YURI-M PLASTICS PRODUCTS & ANOTHER

MOTION ON NOTICE FOR INJUNCTION PENDING APPEAL AGAINST BANK OF GHANA AS GARNISHEE BANK AND YURI-M PLASTICS LIMITED

This is a Motion for an Order for Injunction pending Appeal to restrain 1st Defendant/Judgment Debtor/Respondent/Respondent (hereinafter referred to as Respondent) from accessing or dealing with monies standing to the credit of Respondent with Bank of Ghana pending an appeal against the decision of this Court dated 13th December, 2022.

I have read through the Motion Paper, Affidavit in Support and attached Annexures. I have also read through the Affidavit in Opposition and attached Annexures.

Careful consideration has also been given to the Statement of Cases attached to the processes filed both in support and in opposition to the instant application.

The basis for the instant application is that the Judgment of Justice Atto Mills-Graves in the instant suit in favour of Applicant herein against Respondent and the 2nd Defendant herein dated 16th February, 2012 has not been set aside and so remains valid.

That after the said Judgment, the Shareholders of Respondent instituted another action in Suit Number OCC/17/12 which culminated in the Justice Torkonoo, JA (as she then was) (sitting as Additional High Court Judge) Judgment in favour of the Plaintiffs therein and Respondent herein who was awarded the sum of Four Million Ghana Cedis (GH¢4,000,000.00) as damages against Applicant.

After the said Justice Torkonoo Judgment, Respondent herein instituted another action in suit number OCC/39/15 to set aside the Judgment of Justice Atto Mills-Graves on grounds that it was fraudulently obtained but the said suit was dismissed by Justice Mensah-Homiah, J (as she then was) (sitting as Additional High Court Judge).

That because all these Three (3) Judgments subsist and are valid in law, Respondent together with Alfred Asihene (2nd Defendant herein) are jointly and severally indebted to Applicant in respect of the instant suit; whilst Applicant is indebted to Respondent in respect of the Torkornoo Judgment.

According to Applicant, in its quest to levy execution of the Judgment in the instant suit, it successfully applied for a Garnishee Order Nisi against Bank of Ghana to show why monies standing to the credit of the Respondent should not be used to pay the Judgment debt due Applicant.

Respondent however applied to have the said Garnishee Order Nisi set aside which this Court granted in its Ruling of 13th December, 2022.

Applicant states that it