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ESSILFIE
V.
GHANA PORTS AUTHORITY

(1979) JELR 66016 (HC)

High Court 27 Jul 1979 Ghana
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- The plaintiff obtained a judgment against the Ghana Railway and Ports Authority for breach of contract. - The plaintiff sought to attach debts owed by the Ghana Commercial Bank to the Ghana Railway and Ports Authority in satisfaction of t

Case Details

Judges:OSEI-HWERE J.
Counsel:D. DE GRAFT AIDOO FOR THE PLAINTIFF-JUDGMENT-CREDITOR; I. G. CARSON FOR THE DEFENDANT-JUDGMENT-DEBTORS.

OSEI-HWERE J.

The defendant-judgment-debtors have brought this motion praying the court for an order for stay of execution and for setting aside the garnishee order dated 1 June 1979. The background to this motion, briefly, is this: The plaintiff who had issued a writ against the Ghana Railway and Ports Authority as far back as 17 April 1973 finally obtained judgment against the said defendants in the sum of ¢10,802 together with ¢500 costs on 9 January 1979. The plaintiff’s action was rooted in breach of contract. After obtaining his judgment he sought by garnishee proceedings, to attach the debts which, he alleged, were owed by the Ghana Commercial Bank, main branch, Takoradi, to the Ghana Railway and Ports Authority in satisfaction of the judgment debt. The garnishee order nisi was issued and subsequently the plaintiff came to court again to pray for an order absolute. The garnishee did not answer to the summons and the plaintiff, consequently, obtained his order absolute against hi…

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