GALAXY OIL GH LTD
V.
AFKO FISHRIES LTD

(2017) JELR 65519 (HC)    
High Court  ·  SUIT NO. RPC/302/14 ·  18 Oct 2017 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Core Terms Beta
garnishee
court
application
judgment
bank
debtor
defendant
judgment debtor
liability
order
right of set-off
action
allegation of debt
case
cause
c.i.47
circumstance
costs
creditor
debt
desire
dispute
documentation
enjoyment
facility
garnishee order absolute
garnishee’s representative
indolence of the bank
indolence of the garnishee
matter of fact
money
order nisi
party
persons
reasons
representative of the garnishee
respect of a different account
right
right of another party
rights
rule
submissions of counsel
supporting affidavit
time
view

This is an application to set aside the garnishee Order absolute, the court made on the 8th August, 2017. I have read the application and the supporting affidavit. I have also listened to the submissions of counsel.

I must say that Order 47 rule 5 of C.I.47 requires the court to consider any dispute to liability to pay by the garnishee. On the 8th August, 2017, the garnishee’s representative was in court. He did not dispute the liability to pay. As a matter of fact, when the representative of the garnishee was asked if there is any cause for the court not to order the garnishee to pay the debt, he stated that, there was a facility which the bank had granted to the Defendant/Judgment/Debtor in respect of a different account.

It has been contended that the judgment debtor owes the garnishee so the garnishee has a right of set-off against the judgment debtor. This right might be an inherent right.

However, where a party has a right but decide not to exercise same for reasons best known to t…

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