UNIVERSAL MECHANT BANK GH LTD. v. SANTA BARON VENTURES LTD. & 5ORS
2021
COURT OF APPEAL
GHANA
CORAM
- HENRY KWOFIE JA (PRESIDING)
- KYEI BAFFUOR JA
- ERIC BAAH JA
Areas of Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Henry Kwofie JA, with Kyei Baffuor JA and Eric Baah JA agreeing) rules on a motion by Universal Merchant Bank to set aside its earlier order staying execution of a High Court garnishee order absolute. The High Courts 9 June 2020 order directed Cal Bank Ghana Ltd to release $958.54, 500.00, and GH a214,426,570.04 standing to the credit of the 1st Defendant/Judgment Debtor to Universal Merchant Bank. Cal Bank sought review and stay at the High Court (dismissed 9 November 2020) and then filed a Notice of Appeal on 24 November 2020. The Court of Appeal granted a stay on 19 January 2021. Universal Merchant Bank argued that the appeal was filed out of time under Rule 9 of the Court of Appeal Rules, thereby depriving the Court of Appeal of jurisdiction to grant the stay. Relying on Rule 9 and authorities emphasizing that appeals are creatures of statute and jurisdictional errors are fatal, the Court held the Notice of Appeal was filed out of time, its stay order was a nullity, and set it aside.
HENRY KWOFIE JA:
This a ruling in respect of a Motion by counsel for the Plaintiff/Respondent/Applicant praying this Honourable Court for an order praying this Court to set aside the Ruling of this Court dated 19th January, 2021. Per that ruling this Court granted an application for Stay of Execution of the Order of Garnishee Absolute of the High Court dated 9th June, 2020.
By that order of Garnishee Absolute, the High Court had ordered that an amount of ($958.54), (€ 500.00) and GH¢14,426,570.04 being the sum total of monies held by Cal Bank Ghana Ltd. 23 Independence Avenue, P. O. Box14596, Accra Ghana and standing to the credit of the 1st Defendant/Judgment/Debtor and currently being held by the Garnishee Bank (Cal Bank) be paid out to the Plaintiff/Judgment/Creditor (Universal Merchant Bank) in partial satisfaction of the judgment debt.
The gravament of the application to set aside the order granting the Stay of Execution are found in paragraphs 22,23,24,25,26,27,30,31,32 and 33 of the Affidavit in Support which I set out in extenso:
"22. That the Court of Appeal in its ruling on the said application granted an Order Staying Execution of the Garnishee Order Absolute
23. That the appeal filed as disclosed by the Notice of Appeal is against the Garnishee Order Absolute dated 9th June, 2020.
24. That the Court of Appeal purporting to be exercising the review jurisdiction of the High Court which was non-existent, on 19th January, 2021 made an Order staying execution of the Garnishee Order Absolute.
25. That marked and exhibited as Exhibits “G” is a copy of the said ruling.
26. That the Applicant is advised and verily believes that Notice of Appeal was filed woefully out of time.
27. That the Applicant is advised and verily believes that the Notice of Appeal aforesaid is incompetent.
28. That the Applicant is advised and verily believes that granted that the appeal has been lodged against the Review Ruling, it would mean that the Court of Appeal in determining same would be exercising a review jurisdiction.
29. That the Applicant is advised and verily believes that the High Court at all material times has no review jurisdiction.
30. That the Applicant is advised and verily believes that in the circumstances the Court of Appeal by entertaining the application and making the Order on 19th January, 2021 was exercising a jurisdiction which was non-existent.
31. That the Applicant is advised and verily believes that this Honourable Court in