UNIVERSAL MERCHANT BANK GH. LTD vs SANTA BARON VENTURES LTD & 5 ORS.

Upon Completion of cross-examination of the Garnishee, Ministry of Finance, who maintained that it held no monies on behalf of the Judgment/Debtor, Santa Baron Ventures, Counsel for Judgement-Creditor prayed this Court to set the matter down for trial.

Order 47 Rule 5 of CI47 provides that

“Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed to be due from the garnishee to the judgement-debtor, the Court may summarily determine the question in issue or order that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried”.

I find on the totality of the evidence that the Plaintiff/Judgment-Creditor has not been able to establish that monies are being held by the Garnishee on behalf of Santa Baron Ventures. The Plaintiffs prayer that the issue of whether or not the Garnishee holds monies on behalf of the Judgment-Debtor be determined through a plenary trial, is therefore refused as I do not think that will serve any useful purpose.

The Garnishee Ministry of Finance is accordingly discharged.

(SGD)

AKUA SARPOMAA AMOAH (MRS)

JUSTICE OF THE HIGH COURT