The Supreme Court has unanimously quashed garnishee proceedings at the High Court in Accra, which had ordered seven banks of former Black Stars Captain Asamoah Gyan to show cause why a judgment debt of over GH¢1 million against him should not be paid.
A five-member panel, presided over by Justice Amadu Omoro Tanko, which also includes Justices Yoni Kulendi, Senyo Dzamefe, Prof. Henrietta Mensa-Bonsu and Yaw Asare Darko, said that the ex parte proceedings be quashed.
This decision came after lawyers for the Black Stars’ all-time leading scorer, Asamoah Gyan, filed an application at the Supreme Court to quash the garnishee proceedings and subsequent orders made by Justice Owusu Dapaa, who was sitting as an additional High Court judge on November 19, 2024.
While an appeal against the execution of the order and a substantive appeal are pending, the High Court (differently constituted), presided over by Justice Nana Brew, had granted an ex parte motion against Asamoah Gyan and his manager.
“Upon reading the affidavit of Anthony Osarfo, of House Number GA-540-5173, Ken Kan Street, Dansoman, Accra, the Plaintiff/Judgment-Creditor/Applicant herein, filed on July 9, 2024, in support of a Motion Ex parte for a Garnishee Order Nisi to issue for an amount of GH¢1,061,000.00, representing damages and costs, in the accounts of the Defendants/Judgment Debtors/Respondents,” the Court ruled.
Consequently, the court directed the managers of the following banks to appear before it: CBG Bank, Accra; Ecobank Ghana; Zenith Bank Ghana; GT Bank; Access Bank Ghana; GCB Bank Ghana; and Stanbic Bank Ghana.
The court ordered them to show cause why the amounts standing to the credit of the Defendants/Judgment Debtors/Respondents, amounting to GH¢1,061,000.00, should not be applied to satisfy the judgment debt in favour of the Judgment Creditor.
Dissatisfied with the ruling, Asamoah Gyan’s lawyers, led by Bobby Banson, filed an application at the Supreme Court to quash the garnishee orders.
The execution of the judgment is stayed until the hearing of the application for a stay of execution at the Court of Appeal.
The applicants have fulfilled all the conditions of appeal and are awaiting the hearing of the substantive appeal.
Background:
Following their acquittal and discharge in an action involving an alleged rape incident, Osarfo Anthony and his lawyers sued for malicious prosecution.
Osarfo Anthony demanded compensation in the sum of GH₵1 million over what he described as malicious prosecution.
On December 8, 2023, Justice Ernest Owusu Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge, held that the plaintiff had proven his case for malicious prosecution.
Consequently, the court awarded GH₵900,000 in damages to the plaintiff, GH¢111,000 for 111 months of lost income, and GH₵60,000 in costs, totalling over GH¢1 million against Asamoah Gyan and his manager.
Source: Starrfmonline
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