HAMMOND VRS. THE DEPUTY SHERIFF AND ANOTHER (GJ/365/2018) [2025] GHAHC 3 (28 February 2025)

HAMMOND VRS. THE DEPUTY SHERIFF AND ANOTHER (GJ/365/2018) [2025] GHAHC 3 (28 February 2025)

The application was dismissed because the applicant failed to account for the full judgment debt, including the refund of GH¢176,675.00 and interest, and the debts remain unpaid.

Citation
[2025] GHAHC 3
Parties
Plaintiff/judgment Creditor/respondent: Michael Nii Aayi Hammond; Defendant: The Deputy Sheriff; 2nd Defendant/judgment Debtor/applicant: Tradex Resources Ltd; 3rd Party/ceo for Applicant: William Quartey
Court
High Court
Jurisdiction
Ghana
Judgment Date
28 February 2025
Case Number
GJ/365/2018
Procedural Posture
Motion / Ruling on Application to Unfreeze Account
Outcome
application dismissed
Legal Topics
Garnishee Proceedings, Company Liability, Auctioneer's Fees, Refund of Purchase Price, Interest Calculation
Source Language
English
Civil Procedure Enforcement of Judgments Garnishee Proceedings Company Liability Auctioneer's Fees Refund of Purchase Price Interest Calculation

Case Brief

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Parties

Michael Nii Aayi Hammond

Plaintiff/judgment Creditor/respondent

The Deputy Sheriff

Defendant

Tradex Resources Ltd

2nd Defendant/judgment Debtor/applicant

William Quartey

3rd Party/ceo for Applicant

Procedural Posture

Motion / Ruling on Application to Unfreeze Account

Legal Issues

  1. 1 Whether the applicant is entitled to an order unfreezing its account after alleged overpayment of judgment debt
  2. 2 Whether the judgment debt has been fully satisfied by the applicant
  3. 3 Whether the CEO/3rd party is personally liable for the refund

Ratio Decidendi

The application was dismissed because the applicant failed to account for the full judgment debt, including the refund of GH¢176,675.00 and interest, and the debts remain unpaid.

Court Disposition

application dismissed

Orders

  • Application to unfreeze account dismissed.
  • Costs of GH¢2,000.00 awarded against the applicant.