Businessman rejects GH¢79m judgment debt, says he expected less than GH¢10m - Report

Ghanaian businessman Henry Manly-Spain has rejected a GH¢79.7 million judgment debt awarded to his company, Servistar Minwax (WA) Limited, saying he expected the company to receive less than GH¢10 million.

The development comes after the Accra High Court (Commercial Division 3), presided over by Justice Doris Awuah Dabanka-Bekoe, on July 22, 2026, ordered the Ghana Revenue Authority (GRA) to pay GH¢79,651,132 to Servistar Minwax as a refund for overpaid duties.

But Manly-Spain, a director and shareholder of the company, says the amount is far above the company’s original claim.

Speaking to Graphic Online, the businessman pointed out that his firm [Servistar Minwax] had originally claimed about GH¢8.95 million and that, even with accumulated interest, the amount should have been only slightly above GH¢10 million.

“My conscience will not allow me to accept and enjoy such an amount that is far beyond the value of my original claim,” he said.

He also described accepting the GH¢79.7 million as a “betrayal of my conscience, my business and the nation”.

“I cannot fathom seeing myself taking such money when I have actually realised the struggles facing the government in providing the basic needs of Ghanaians,” he added.

Manly-Spain petitions GRA for independent review

Meanwhile, Manly-Spain has since petitioned the Commissioner-General of the GRA to stop the payment and conduct an independent review to determine the amount genuinely owed to the company.

In the petition dated August 1, 2026, he wrote: “I, Henry Manly-Spain, write officially as Director, Servistar Minwax (WA) Limited, and a shareholder, to reject an amount of GH¢79,651,132 judgment debt payment granted to the company against the GRA.”

According to him, he was initially unaware that the company’s claim had risen to nearly GH¢80 million because he had largely left the matter in the hands of his lawyer after providing the relevant documents.

He said he only became aware of the GH¢79.7 million figure during court proceedings, after witnessing a disagreement between his lawyer and a Customs officer.

“I was with a good friend of mine who is also a lawyer. He looked at me, I looked at him, and we both repeated the money, and I shook my head,” he said.

Manly-Spain explained that the original claims comprised more than GH¢7 million relating to containers sold by the GRA and about GH¢940,000 in overpaid duties.

“I was just saying that if there should be anything at all, it should not go beyond GH¢10 million, with all the interest accrued,” he said.

He said he attempted to raise the discrepancy before judgment was delivered but was not allowed to address the court.

“I raised my hand up and then just to utter something, but the court said no one is talking here,” he recalled.

According to him, the judge declined to allow him to raise the issue, indicating that her decision had already been written.

“To take GH¢79 million, knowing the fact that that is not what I am expecting, I feel I am doing a great disservice first to God and secondly to the nation,” he said.

He cited the government’s challenges in providing essential healthcare equipment, including dialysis machines and incubators, as another reason he was uncomfortable accepting what he considers an excessive payment.

In his petition, Manly-Spain acknowledged that the GRA legitimately owed Servistar Minwax money but argued that the company should not benefit from an unjustified payment.

He therefore called on the GRA, the Economic and Organised Crime Office (EOCO) and other relevant investigative bodies to independently review the matter and establish the amount genuinely owed to the company.

What the court ruled

The judgment followed garnishee proceedings on July 20, 2026, concerning funds held by the GRA.

The Bank of Ghana, represented by its deputy manager, argued that the GRA’s operational account could not be attached because an earlier ruling had classified it as a salary account.

It also argued that the GRA’s refund account was specifically designated for taxpayers who had overpaid their taxes and was therefore protected from attachment.

Counsel for the GRA relied on Section 69(2) of the Revenue Administration Act, 2016 (Act 915).

However, counsel for Servistar Minwax, Maxwell Logan, argued that the judgment debt itself arose from an unpaid tax refund and could therefore be paid from the refund account.

The court noted that the parties had previously reconciled the amount due and that judgment had been entered in favour of Servistar Minwax.

“The amount was certified after the reconciliation which GRA has failed to pay, hence the suit,” the court stated.

The court further noted that the alleged overpayment occurred in 2009 and was confirmed by an audit in 2016.

Although Servistar Minwax subsequently applied for a refund, it did not receive payment, leading to the legal action.

The court consequently ordered that GH¢79,651,132 be taken from the GRA refund account and paid to Servistar Minwax in satisfaction of the judgment debt.

The money was ordered to be paid into the Logan & Associates client account or transferred directly to the account bearing that name.

The court also directed the Bank of Ghana not to release the remaining GH¢527,104,657 held in the GRA refund account.

The ruling further relied on a Supreme Court decision, The Republic v High Court, Fast Track Division, No. J5/247/2012, in support of its position on the attachment of funds in government accounts.

NA/MA