MICHAEL NII AAYI HAMMOND vs THE DEPUTY SHERIFF & ANOR
February 28, 2025
HIGH COURT
CORAM
- HER LADYSHIP, JUSTICE COMFORT KWASIWOR TASIAME, JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Corporate Law
RULING
This is motion on notice for an order unfreezing the frozen Account of Tradex Resources Foundation/Judgment Debtor.
Applicant attached affidavit in support of the application. Permit me to quote some parts of the affidavit in support.
' That on Friday 30 th July, 2021 this court entered judgement in favour of the plaintiff. That the judgement ordered the 2nd Defendant/Applicant herein to refund the auctioneer's fees because the auction was conducted at his instance. That the judgement also ordered that interest be calculated based on Bank of Ghana lending rate from 2 nd day of March, 2015 to date of final payment. That the Judgement respondent filed an Amended Entry of Judgement ; Auctioneer's fees of GH ¢13,370.00 plus interest of GH¢25,698.76 which amounts to GH¢39,068.76. That the total indebtedness of the Applicant amounted to GH¢44,068.76
That on the 27 th September, 2024 per garnishee order absolute an amount of GH¢105,000.00 was debited from the accounts of the Applicant. That based on the garnishee order, the applicant has overpaid its share of the judgement debt by as much as GH¢60,931.24
Applicant attached the following documents to the application;
A. Judgement dated 30 th July, 2021.
B. Amended entry of Judgement.
C. Interest computation document.
BY COURT :
The judgement in contention dated 30 th July, 2021 read in part as follows: From all the above, it is my finding that, judgement is hereby entered in favour of the plaintiff against the 1 st defendant for the refund of the tax element taken from the purchase price of GH¢191,000.00 to the plaintiff.
1. An order directed at the 1 st Defendant for the refund of tax element taken from the purchase price of GH¢191,000.00 which is GH¢955.00.
2. An order for the refund of the amount of GH¢176,675.00 plus auctioneer's fees of GH¢13,370.00 by William Quartey and 2 nd Defendant GH¢190,045.00.
3. Interest at Bank of Ghana lending rate on GH¢176,000.00 from March, 2015 till day of final payment.
The Applicant did not factor in paragraph 7 of the affidavit in support ' refund of an amount of GH¢ 176,000.00 and interest on the said amount from March ' 2015 to date of final payment. The Entry of Judgement was filed on 28/1/2022 and per Exhibit 2 amounted to GH¢338,293.39.
I think based on the judgement that ordered for the refund of an amount of GH¢ 176,675.00 and the auctioneer's fees by William Quartey of Tradex Resources Foundation that resulted in the confusion or this application. Th