The Supreme Court has set aside garnishee proceedings initiated by the High Court in Accra against the accounts of former Black Stars captain Asamoah Gyan, effectively halting attempts to recover a judgment debt of more than GH₵1 million from his bank accounts.
A five-member Supreme Court panel, chaired by Justice Amadu Omoro Tanko and comprising Justices Yoni Kulendi, Senyo Dzamefe, Prof. Henrietta Mensa-Bonsu, and Yaw Asare Darko, unanimously ruled to quash the ex parte garnishee proceedings initiated by the High Court.
The decision follows an application filed by Gyan’s legal team, led by lawyer Bobby Banson, challenging an order made by Justice Owusu Dapaa, sitting as an additional High Court judge, on November 19, 2024.
The High Court had directed seven banks — including CBG, Ecobank, Zenith, GT Bank, Access, GCB, and Stanbic — to appear and show cause why funds in Gyan’s accounts should not be used to satisfy the judgment debt.
The garnishee proceedings stemmed from a 2023 High Court ruling that awarded over GH₵1 million in damages to journalist Anthony Osarfo, who sued Gyan and his manager for malicious prosecution after being acquitted in a high-profile rape case.
Justice Ernest Owusu Dapaa had ordered Gyan to pay GH₵900,000 in damages, GH₵111,000 for loss of income, and GH₵60,000 in costs.
However, Gyan’s lawyers argued that the garnishee order was unlawful because an appeal and an application for a stay of execution were already pending before the Court of Appeal.
The Supreme Court agreed, ruling that the High Court acted in error by granting the ex parte motion while the matter was still under appeal.
The apex court’s ruling means that the execution of the judgment debt remains stayed until the substantive appeal is heard.
Legal analysts say the decision reinforces the Supreme Court’s stance on protecting due process, particularly in cases where lower courts act while appeals are pending.
Source: www.kumasimail.com
