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May 2, 2023
HIGH COURT
GHANA
CORAM
INTRODUCTION
The main question that stands out for determination in the present Application “TO STAY PROCEEDINGS ON FURTHER CONSIDERATION AND FOR AN ORDER SETTING ASIDE THE GARNISHEE ORDER NISI GRANTED ON THE 28TH OF JULY, 2020” is whether the Rules of Court require that Entry of Judgement be served on a Garnishee/ Judgement Debtor before a Judgement Creditor can proceed to enforce an Order Absolute against such Debtor, in terms of Order 47 Rule 4 (2) of the High Court Civil Procedure Rules, 2004 (CI 47).
To avoid confusion, I shall in this Ruling refer to the original Defendant / Judgement Debtor as the Judgement Debtor, the Garnishee/ Judgement Debtor/Applicant as the Garnishee Debtor and the Garnishee Bank (Bank of Ghana) as the Garnishee. The original Judgement Creditor maintains that description.
FACTUAL BACKGROUND
The factual background to the instant Application is as follows:
On the 27th of February 2020 following the failure or refusal of the Garnishee Debtor to appear before this Court in obedience to a Garnishee Order Nisi and/or to dispute the debt claimed to be due from it to the Judgement Debtor, the Court proceeded to make an Order Absolute against the Garnishee Debtor pursuant to Order 47 Rule 4 (1) of CI 47. This was after the Court had satisfied itself that the Garnishee Debtor had been duly served with the Order Nisi.
Upon the failure or refusal of the Garnishee Debtor to pay out the amount due under the Order Absolute to the Judgement Creditor, the Judgement Creditor pursuant to Order 47 Rule(4)(2) proceeded to levy execution against the Garnishee Debtor.
Perhaps it will be helpful to reproduce the afore-mentioned provisions here as it is from same that the Judgement Creditor drew its strength. They provide;
“No appearance or dispute of liability by garnishee
4(1) Where on the further consideration of the matter the garnishee does not attend or does not dispute the debt due or claimed to be due from the garnishee to the judgment debtor, the Court may, subject to rule 7 make an order absolute under rule 1 against the garnishee.
(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any order for the payment of money.” [Emphasis mine]
Interestingly, it is on these same provisions that the Garnishee Debtor relies to impugn the instant proceedings.
I must state in passing that rule 7 referred to in Rule 4(1) has no bearing on the issues arising in this Application as it relates to judgem
AI Generated Summary
Justice Akua Sarpomaa Amoah (Mrs.) of the High Court considered an application by Ecobank Ghana Limited, described as the Garnishee/Judgment Debtor/Applicant, seeking to stay proceedings on further consideration and to set aside a garnishee order nisi obtained by Origin 8 Limited against funds held for Greater Accra Passenger Transports Executives. The central issue was whether Order 47 Rule 4(2) of the High Court Civil Procedure Rules, 2004 (CI 47) requires service of Entry of Judgment on a garnishee debtor before enforcement of an order absolute. The Court recounted that an order absolute had earlier issued after the garnishee debtor failed to appear, and later an order nisi dated 28 July 2020 was served on the Bank of Ghana and the garnishee debtor. Appeals to the Court of Appeal and Supreme Court failed. Applying a harmonized reading of Orders 47, 41, 82 and related provisions, the Court held that Entry of Judgment is a trial-judgment formality and not required for garnishee enforcement, and dismissed the application with costs.