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RULING
ATUGUBA J.S.C.
The applicant was a defendant to a civil action by the interested party which was tried by Gyaesayor J as he then was.
The interested party who won the action applied for and obtained a garnishee order against the Agricultural Development Bank in respect of the applicant’s accounts thereat.
The applicant now moves this court for the following reliefs:
“(1) an order of certiorari directed at the Automated/Fast Track High Court (No.3), Accra presided over by His Lordship, Justice P.K. Gyaesayor to bring up to this Court for the purpose of quashing, garnishee proceedings of the trial court dated 24th April, 2008 attaching Applicant’s accounts with Agricultural Development Bank- Cedi House Branch, Accra and a subsequent order dated 20th June, 2008 for the Bank to pay the Interested Party an amount of Fifty Thousand Ghana Cedis (GH¢50,000.00), pursuant to an earlier judgment dated 8th November, 2007.
(2)An order staying execution of the said judgment.
AND that the grounds for the application are as follows:
that the trial judge having pronounced or passed final judgment on 8th November, 2007 in favour of the Plaintiff (Interested Party) he was functus officio and could not, therefore, preside over garnishee proceedings on 24th April 2008 as Justice of the High Court, he having been elevated as Justice of Appeal on 1st April, 2008 without express directive from the Chief Justice to preside over the case, pursuant to Article 139(1) (c), (2) of the 1992 Constitution and Section 14(1)(c) and (2) of the Courts Act, 1993 (Act 459).
That the trial Judge having become functus officio and a Justice of Appeal as aforesaid he lacked the jurisdiction to sign or issue an order of 20th June, 2008 as a Justice of the High Court for the garnishee (Agricultural Development Bank) to pay the Plaintiff/Interested Party out of the account of the Defendant/Applicant known as MIN WKS HSING STATE HSING, THE SUM OF Fifty Thousand Ghana Cedis (GH₵50,000.00)
That the garnishee proceeding of 24th April 2008 or their resultant order at page 5 thereof whereby Agricultural Development Bank was ordered to pay GH₵132,240.00 to the plaintiff/Interested Party were a nullity as same took place in violation of the express provisions of Order 47, Rule 3(1) (b) of the High Court Civil Procedure Rules, 2004 (C.I.47) because Defendant/Applicant was never served with any order to show cause, at least seven days before the 24th April, 2008.
That the trial court having br