AG move to set aside judgment debt

The Attorney General on Monday moved a motion to set aside the payment of US$28,595,600 being a judgment debt in respect of Sweater and Stocks Factory Limited.

The move follows an earlier order by an Accra High Court to the Bank of Ghana (BoG) to garnishee the bank accounts of the three institutions in order to settle a judgment debt of US$28,595,600 owed Sweater and Socks Factory Limited.

Mrs Marrietta Brew-Oppong Appiah, the Attorney General (AG) in moving the motion with supporting affidavit challenged the applicants to show where there was an order for the payment.

She argued that there was no claim for payment since the order was made, adding that, the Bank of Ghana has not been served with any further court process to effect any payment or otherwise.

Mr George Eshun, Counsel for Sweater and Stocks Factory Limited in his response told the court that the AG should not allow herself to be dragged into the mud.

He insisted that the court ordered the Bank of Ghana to pay the Plaintiff / Judgment Creditor the cedi equivalent of the sum of US$28,595,600.00.

Mr Justice Godwin Gabor, the trial judge said the other issues being raised by the AG were not the matter currently before the court.

He said the matter before the court now was the contempt issue brought by the plaintiff against the BoG.

Mr Clarance Kuwornor, Chief State Attorney also told the court the committal for contempt brought by the plaintiff against the Governor of the Bank of Ghana should be stayed because of the state’s intervention.

Mr Samuel Kudzo, Counsel for Dr Kofi Wampah, Acting Governor of the BoG also prayed the court to adjourn the case sine dine pending the judgment on the new motion from the AG.

The court said in view of the absence of the governor due to pressing national issues, the ruling on the contempt case was adjourned to March 20, 2013.

The court was expected to give its ruling on the contempt case but the AG entered an interpleader and said there was no foundation upon which the contempt application should be filed and granted.

On October 2, 2012, the Bank of Ghana was served with a Motion on Notice for Stay of Execution and Affidavit in Support of Motion for Stay of Execution filed by the Attorney-General. Based on that advice, payment of the judgment debt was suspended.

However, a Chief State Attorney, Clarence Kuwornu writing on behalf of the Attorney-General on November 9, 2012 stated that “indeed the Court of Appeal did not uphold the applicant’s application for stay of execution”.

The failure by the BoG to comply with the court order, the Plaintiffs Sweater and Socks Factory Ltd and Habib George Beany acting as Applicants want the BOG committed for Contempt of Court.