The Supreme Court has set aside garnishee proceedings initiated against former Black Stars captain Asamoah Gyan, bringing a temporary halt to attempts to retrieve more than GH₵1 million from his bank accounts while a substantive legal battle remains unresolved, per Starrfm.com.gh.
The unanimous decision, delivered by a five-member panel presided over by Justice Amadu Omoro Tanko and comprising Justices Yoni Kulendi, Senyo Dzamefe, Prof. Henrietta Mensa-Bonsu and Yaw Asare Darko, quashed ex parte orders issued by the High Court in Accra directing seven financial institutions holding Gyan’s accounts to justify why funds standing to his credit should not be applied to satisfy a judgment debt.
The matter stems from a long-running legal dispute following the acquittal of journalist Osarfo Anthony in a criminal case involving an alleged rape incident linked to the football icon.
After being cleared, Anthony sued Gyan and his manager for malicious prosecution, insisting his reputation and livelihood had suffered significant damage.
On December 8, 2023, Justice Ernest Owusu Dapaa — sitting as an additional High Court judge — agreed, awarding the plaintiff GH₵900,000 in general damages, GH₵111,000 for lost income over 111 months, and GH₵60,000 in costs.
“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 as quoted by starrfm.com.gh.
The total judgment of GH₵1,061,000 was entered against Gyan and his manager.
Although Gyan has appealed the ruling and fulfilled all procedural requirements to pursue the appeal, fresh steps were taken to enforce the judgment.
On 19 November 2024, Justice Owusu Dapaa ordered enforcement. Subsequently, in July 2024 — while both the appeal and an application challenging the execution were pending — another High Court, differently constituted and presided over by Justice Nana Brew, granted an ex parte motion filed by Anthony to garnish Gyan’s bank accounts.
The order directed managers of CBG Bank, Ecobank Ghana, Zenith Bank Ghana, GT Bank, Access Bank Ghana, GCB Bank and Stanbic Bank to appear before the court and show cause why funds in Gyan’s accounts should not be used to settle the judgment debt.
Lawyers for the country’s all-time leading goal scorer, led by Bobby Banson, challenged the development, arguing that enforcing a judgment while an appeal and a stay of execution request remain active was improper.
The Supreme Court agreed, ruling that the ex parte proceedings at the High Court were irregular and must be quashed.
With the Supreme Court’s intervention, execution of the judgment remains on hold pending the Court of Appeal’s determination of Gyan’s stay of execution application and the substantive appeal.
Source: myjoyonline.com
