Ratio DecidendiRatio Decidendi



UNIVERSAL MECHANT BANK GH LTD
V.
SANTA BARON VENTURES LTD. & 5 ORS AND CAL BANK PLC

(2021) JELR 109004 (CA)    
Court of Appeal  ·  H3/267/2021 ·  2 Jun 2021 ·  Ghana
CORAM
HENRY KWOFIE JA (PRESIDING), KYEI BAFFUOR JA, ERIC BAAH JA

Ratio Decidendi

Core Terms Beta
court
notice of appeal
order
19th january
appeal
application
court of appeal
9th june
judgment
high court
error
ruling of the high court
rule
case of an appeal
date of the decision
ends of justice
execution of the garnishee order absolute
right of appeal
said application
time limits
accra ghana
akuffo addo jsc
appellate jurisdiction of the supreme court
creatures of statute
final decision
garnishee absolute of the high court
grant of the order of the garnishee absolute
gravament of the application
honourable court
independence avenue
inherent power
inherent right of appeal
judicial committee of the national house of chiefs
justice eric baah
justice henry kwofie
justice kyei baffuor
material times
order of garnishee absolute
stay of execution of the order
subsequent grant of the order
suo motu
supreme court

RULING 

HENRY KWOFIE JA

This a ruling in respect of a Motion by counsel for the Plaintiff/Respondent/Applicant  praying this Honourable Court for an order praying this Court to set aside the Ruling of  this Court dated 19th January, 2021. Per that ruling this Court granted an application for  Stay of Execution of the Order of Garnishee Absolute of the High Court dated 9th June,  2020. 

By that order of Garnishee Absolute, the High Court had ordered that an amount of  ($958.54), (€ 500.00) and GH¢14,426,570.04 being the sum total of monies held by Cal Bank  Ghana Ltd. 23 Independence Avenue, P. O. Box14596, Accra Ghana and standing to the  credit of the 1st Defendant/Judgment/Debtor and currently being held by the Garnishee  Bank (Cal Bank) be paid out to the Plaintiff/Judgment/Creditor (Universal Merchant  Bank) in partial satisfaction of the judgment debt. 

The gravament of the application to set aside the order granting the Stay of Execution  are found in paragraphs 22,23,24,25,26,27…

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