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 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 exparte 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 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.
