General News of Wednesday, 13 December 2017
Mr Alfred Agbesi Woyome, has filed another application at the Supreme Court seeking to reverse the single judge’s order on June 8 and July 24, 2017.
The court presided over by a sole judge, Justice Alfred Anthony Benin on June 8, gave an order for the judgment debtor to be orally examined, and also on July 24 gave an order subpoenaing the head of the Lands Commission to appear before it.
Moving the application in court on Wednesday morning, counsel for Mr Woyome, Mr Osafo Boabeng said the order is a garnishee order that is to allow the judgment debtor to come and tell the court, speak to the facts as to what he has and plans in paying the judgment debt.
He said the sole judge, Justice Benin gave an order asking his properties to be sold, and that under the garnishee order rule you can never asked that the judgment debtor’s property be sold.
He said that the judge again went beyond his jurisdiction, especially by involving the lands commission in the garnishee order.
“The judge is turning the whole thing into a full trial by bringing in a third party, which is not right because under this order it is only the judgment debtor who is orally to be examined.
Deputy Attorney General, Mr Godfred Yeboah Dame however opposed the application saying no rule whatsoever has been breached in making the orders.
He said each of the matters arose as a matter of a cross examination, where the judgment debtor made a statement that the property belong to his brother, hence the order for the Lands Commission to appear before the court to prove its ownership.
It was necessary for the court to know whether the debtor owns the property in question or not, and it was only fair for the determination of the very issues set out in the order. The garnishee order allows for the making of orders which would dispense justice to the judgement creditor.
“It is necessary for us to find out the issue of ownership. The judgment debtor must answer all questions. Their argument is totally unfounded and must be dismissed.”
After their arguments the three member panel of the Supreme Court presided over by Justice William Atugubah adjourned the case to January 17, for their ruling.
The Supreme Court at a previous sitting by a unanimous decision dismissed an application filed by Mr Osafo Boabeng, Counsel for Mr Alfred Woyome, for a stay of execution of proceedings.
Mr Woyome, filed the motion praying the Ghanaian Court to put on hold, his oral examination and all other processes by the state to retrieve the GH?51 million unlawful Judgment Debt paid to him.
He wanted the Ghanaian Court to suspend hearing until his appeal at the African Court for Human and Peoples Rights, based in Arusha, Tanzania was determined.
Mr Woyome has filed a number of legal proceedings in court, with this application being the seventh since the start of the legal battle to determine his ability to pay the debt owed to the state.
All his legal attempts have proved futile as the court keep dismissing his applications for various reasons.
The court on October 21, dismissed an earlier application filed by Mr Woyome, to halt the valuation of his property by the State as part of efforts to retrieve the money, the court at the time was empanelled by a single judge.
Mr. Woyome is praying the court to put on hold all processes to reclaim the money from him until a determination of another related case being heard at the African Court on Human and Peoples’ Rights.
The Attorney -General was expected to continue with the oral examination on how, Woyome intends to re-pay the amount.
Ghana News Agency legal news bulletin indicates that previously, the Counsel for Mr Woyome, Mr Osafo Boabeng, had filed an application arguing that the writ of execution that the Attorney General (AG) used for the valuation was illegal.
He argued that the AG failed to seek consent from the apex court to renew the writ of execution and, therefore, any action based on that writ was a nullity.
The court, presided over by, Justice Alfred Anthony Benin, on October 20, dismissed the application saying the AG did nothing wrong because the writ of execution had not expired and was effective.
He said the first writ of execution which was filed on January 9, 2015 was still in effect when the AG filed for another one on January 6, 2016 and, therefore, the issue of renewal did not arise.
The court subsequently, adjourned the matter to October 30, for continuation of the oral examination of Mr Woyome by the AG.
On October 30, Lawyers for Woyome, told the court that he was still ill and was unable to attend court.
Mr Buabeng presented yet another excuse duty document to the single Justice handling the case in his chambers to support the request of his client to be given more time to make himself available for his oral examination to continue.