SONIAG COMPANY LIMITED & ANOTHER
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
- Evidence Law
- Banking and Finance Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
DG Capital Microfinance Limited (In Receivership) sought recognition of its interest in funds mistakenly credited to a Consolidated Bank Ghana account in the name of Bond Savings and Loans Limited that had been garnisheed by judgment creditors. After the Bank of Ghana revoked microfinance licences and appointed Eric Nana Nipah as Receiver, Bond Savings and Loans pursued claims against DG Capital. The Receiver validated GHS816,046.93 and later mistakenly transferred GHC656,837.54 into Bond’s CBG account, immediately instructing a lien. The correct sum was paid into another CBG account and withdrawn months before the garnishee order. Applying section 18 of the Evidence Act, Order 47 of C.I. 47, Heppenstall, and Ex parte: Ministry of Interior & Attorney-General, the High Court (per H/L Jane Harriet Akweley Quaye) held that the liened funds were not due or accruing to Bond and could not be garnisheed, and that the verified tranche had been withdrawn before the order.
An amended Notice of Claim was filed on the 6th of January, 2022 in the Registry of this Court on behalf of the Claimant, DG Capital Microfinance Limited. The Claimant, herein claims an interest in the sum of GHC665,276.86 held in Consolidated Bank Ghana Limited account number: 1822876600001 for and on behalf of the Defendant/Judgment Debtor herein, being monies credited in error by DG Capital Microfinance Limited (In Receivership) which account has been garnisheed by the Plaintiff/Judgment Creditors herein in execution of a Judgment obtained by same.
Claimant’s Case
The case of the Claimant is found in an Affidavit of Interest filed on the 17th of February, 2022 on behalf of one Gideon Bosompim, a Manager at Pricewaterhouse Coopers where the Receiver/Claimant is a Director.
On 31st May 2019, the Bank of Ghana revoked the operating licence of 347 Microfinance Institutions and subsequently appointed one Eric Nana Nipah on the said date, as Receiver of the said Institutions. The Defendant/Judgment Debtor filed a claim with the Claimant on 28th June 2019, for the sum of Two Million Two Hundred and Eighty-Four Thousand Nine Hundred and Ten Ghana Cedis Fifteen Pesewas (GHS2,284,910.15). A Notice of Entry of Judgment for the sum of GHS 823,046.93 filed against the Claimant by the Defendant/Judgment Debtor. Out of the claim of GHS2,284,910.15 submitted by the Defendant/Judgment Debtor, the Receiver validated and accepted the amount on the said Notice of Entry of Judgment, less the Cost awarded in the sum of GHS7,000.00. Thus, the validated amount was Eight Hundred and Sixteen Thousand and Forty-Six Ghana Cedis Ninety-Three Pesewas (GHS816,046.93) being the amount due the Defendant/Judgment Debtor.
An account was opened with Consolidated Bank Ghana Limited for the purpose of paying the said claim. On 24th August 2020, the Claimant mistakenly paid the sum of Six Hundred and fifty-six thousand eight hundred thirty-seven Ghana Cedis fifty-four pesewas (GHC656,837.54) into CBG Account Number, 1822876600001, in favour of the Defendant/Judgment Debtor, an amount lesser than the said validated sum of GHS816,046.93. The erroneous payment was brought to the attention of the Claimant and a lien was placed on the account on 24th August 2020. The Claimant proceeded to pay the correct amount, being, GHS816,046.93, into CBG Account Number, 2017669600001 on 12th October 2020, which was duly accessed by the Defendant/Judgment Debtor on 13th October 2020.
In an attempt to ret