VIVO ENERGY GH. LTD
V.
ANASTASIA COMPANY LTD

(2017) JELR 107448 (HC)    
High Court  ·  GJ/824/2018 ·  9 Oct 2017 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI
Core Terms Beta
judgment
creditor
accra
debtor
order
application
chief director
court
garnishee
judgment debt
plaintiff
accordance
appointed date
bank of africa
case
credit
debt
debts
defendant
entry of judgment
execution
ex parte
farrar avenue
garnishee order nissi
garnishees
hearing notice
highways
managing director
ministry of finance
ministry of roads
money
proceeding absolute
proper case
rule
rules of court
r u l i n g
sufficient evidence
sum
third party
valid judgment

R U L I N G

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 Road…

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