GH - VIVO ENERGY GH. LTD VS ANASTASIA COMPANY LTD

1. This is application made under Order 47 of C. I 47/04. In Rule 1 of the Order, it is provided that when it is established that a Judgment/Debtor has money in his credit, with a third party herein known as a garnishee, the Judgment/Creditor to whom the sum is owed may apply that the garnishee be served and to appear before the court to show cause why he/it should not be ordered to pay the judgment debt to the Judgment/Creditor.

2. There is sufficient evidence that Plaintiff/Execution/Creditor has a valid judgment and has filed entry of judgment and served same on Defendant/Judgment/Debtor, who has failed to pay the judgment debt.

3. The application before the Court has been made ex parte in accordance with the rules of court.

4. I am satisfied that this is a proper case in which a Garnishee Order Nissi should be made directed at the Garnishees herein namely: (a) The Managing Director, Bank of Africa, Farrar Avenue, Accra; (b) The Chief Director, Ministry of Roads and Highways, Accra; (c) The Chief Director, Ministry of Finance, Accra.

a) They shall be served personally to appear on an appointed date to show cause why they should not be ordered to pay the Judgment/Debts owed by Debt/Judgment/Debtor to the Plaintiff/Judgment/Creditor herein.

b) There shall be a Hearing Notice accompanying the order to be served.

6. This case is adjourned to 7/11/2018 for proceeding absolute to be heard.

(sgd. )H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT.

3. The application before the Court has been made ex parte in accordance with the rules of court.

b) There shall be a Hearing Notice accompanying the order to be served.

6. This case is adjourned to 7/11/2018 for proceeding absolute to be heard.

(sgd. )H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT.

VIVO ENERGY GH. LTD VS ANASTASIA COMPANY LTD

Areas of Law

RULING