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JEAN FRANCIS MOURAD
V.
ACE CLADDING SYSTEMS GHANA LTD

(2023) JELR 112057 (HC)

High Court 9 Feb 2023 Ghana
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- The court ruled in favor of the Plaintiff/Judgment/Creditor/Applicant in a judgment against the Defendant/judgment/Debtor. - The Applicant instituted Garnishee Proceedings against Consolidated Bank Ghana. - The Respondent filed a claim at

Case Details

Suit Number:G.J/0113/2021
Judges:JOSEPH ADU­ OWUSU AGYEMAN, J
Counsel:NII KPAKPO SAMOA ADDO FOR THE PLAINTIFF PRESENT LILIAN CODJOE WITH AGYARKO MNTAH HOLDING BRIEF OF GWENDY BANNERMAN FOR THE FOR CLAIMANT PRESENT
Location:Accra

RULING

On the 12th of March 2021, this Honourable Court gave judgment against the Defendant/judgment/Debtor in favour of the Plaintiff/Judgment/Creditor/Applicant (hereinafter called the Applicant).

In the course of the enforcement of the said judgment, the Applicant instituted Garnishee Proceedings against Consolidated Bank Ghana (hereinafter called the "Garnishee Bank").

During the garnishee proceedings, the Respondent filed a claim at the Registry of this Honourable Court and which this court pursuant to Order 47 Rule 6(1) of the High Court (Civil Procedure) Rules 2004 (Cl 47) invited the Respondent to demonstrate the nature of its claim in respect of funds lodged with the Garnishee Bank in the name of the Defendant/Judgment/Debtor.

The crux of the claim of the Respondent Bank as gathered from the affidavit of interest was the fact that the Defendant/Judgment/Debtor obtained a loan facility and which was not paid before the funds were moved to the Consolidated Bank which is the Garnish…

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