MARTIN ALAMISI AMIDU v. THE ATTORNEY-GENERAL & OTHERS
2018
SUPREME COURT
GHANA
CORAM
- ATUGUBA, JSC (PRESIDING)
- ADINYIRA, JSC
- DOTSE, JSC
Areas of Law
- Constitutional Law
- Civil Procedure
- Judgment Enforcement
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court dismissed the application by the 3rd Defendant/Applicant seeking to reverse orders for oral examination made by Benin JSC. The Court held that the orders did not infringe the Applicants rights to privacy and that the invocation of Order 46 r. 2 of C. I. 47 was appropriate. Judges Dotse JSC and Atuguba JSC provided detailed opinions supporting the dismissal of the application.
RULING
DOTSE JSC:-
This ruling has been premised upon an application filed at the instance of the 3rd Defendant/Applicant herein seeking orders from this court, pursuant to Article 134 (b) of the Constitution 1992 and Rule 73 of the Supreme Court Rules C. I. 16. This rule has actually been amended by Supreme Court (Amendment) Rules 2016 C.I. 93. The application seeks to reverse orders granted at the instance of the 1st Defendants/Respondents herein made by Benin JSC, presiding as a single Judge of this Court dated 8th June 2017 and 24th July 2017 respectively.
In order to put the nature of the orders granted by our respected brother Benin JSC in proper perspective, we have decided to quote in extenso the relevant and applicable proceedings and orders as made by the court on 8th June 2017 and captured per Applicants exhibit AAW1 as follows:-
“Upon reading the affidavit of Victoria Adotey, Assistant State Attorney at the Attorney-General’s Department filed on 2nd day of June, 2017 praying that 3rd Defendant be orally examined regarding
i. Whether there are any debts owing to the 3rd Defendant/Judgment/Debtor.
ii. Whether 3rd Defendant has any property for satisfying the judgment of this court dated 29th July 2014.
iii. Whether 3rd Defendant has any means of satisfying the judgment of this court dated 29th July 2014 and
iv. The manner 3rd Defendant used the money paid to him by the Republic of Ghana.
Upon hearing Dorothy Afriyie Ansah (Mrs) (Chief State Attorney) with her Victoria Addotey (Assistant State Attorney).
IT IS HEREBY ORDERED THAT the Application be granted as prayed. Let the Judgment/Debtor, Alfred Agbesi Woyome be served with a copy of the order as drawn up with a hearing notice to appear before this court on Thursday 29th June 2017 to be examined by the Judgment/Creditor by virtue of order 46 r. 2 of C. I. 47”. Emphasis
In view of the reference and reliance of both learned Counsel, Osafo Buabeng for the 3rd Defendant/Applicant and the Deputy Attorney-General, Godfred Yeboah Dame for the 1st Defendants/Respondents on the provisions of order 46 rules 1 (1) and (2) and 2 of the High Court (Civil Procedure) Rules, 2004 C. I. 47, we deem it really expedient to set out the entire rule as follows:-
“Order 46
Examination of Judgment Debtor
1(1) For the purpose of garnishee proceedings under Order 47, where a person has obtained a judgment or order for the payment of money by some other person, hereinafter referred to as “the judgment debto