The Supreme Court of Ghana has unanimously overturned garnishee proceedings initiated at the Accra High Court, which had ordered seven banks of former Black Stars captain Asamoah Gyan to justify why over GH₵1 million in judgment debt should not be paid from his 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, ruled that the ex parte proceedings were improper and therefore must be quashed.
The ruling followed an application filed by lawyers for Ghana’s all-time top scorer, led by Bobby Banson, challenging the legality of the garnishee orders and subsequent directives issued by Justice Owusu Dapaa, who was sitting as an additional High Court judge on November 19, 2024.
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While an appeal against the execution of the judgment and the substantive appeal are still pending, another High Court presided over by Justice Nana Brew had earlier granted an ex parte motion against Gyan and his manager, allowing the garnishee proceedings to proceed.
In that motion, the plaintiff, Anthony Osarfo, through his affidavit dated July 9, 2024, sought a Garnishee Order Nisi to recover GH₵1,061,000, representing damages and costs, from Gyan’s bank accounts. The High Court subsequently directed the managers of CBG Bank, Ecobank Ghana, Zenith Bank Ghana, GT Bank, Access Bank Ghana, GCB Bank, and Stanbic Bank Ghana to appear and show cause why the said amount should not be used to satisfy the judgment debt.
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Unhappy with the decision, Gyan’s legal team escalated the matter to the Supreme Court, which has now set aside the garnishee proceedings. The court further ruled that the execution of the judgment remains stayed pending the outcome of an application for a stay of execution currently before the Court of Appeal.
According to Gyan’s lawyers, all necessary conditions of appeal have been met, and they are awaiting the hearing of the substantive appeal.
Background of the case
The case stems from a long-running legal battle following the acquittal and discharge of entertainment journalist Osarfo Anthony and others in a case involving an alleged rape incident linked to Gyan. After his acquittal, Osarfo Anthony filed a civil suit for malicious prosecution, seeking GH₵1 million in damages.
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On December 8, 2023, Justice Ernest Owusu Dapaa, sitting as an additional High Court judge, ruled in favour of the plaintiff, holding that Anthony had proven his case of malicious prosecution. The court awarded GH₵900,000 in general damages, GH₵111,000 for 111 months of lost income, and GH₵60,000 in legal costs, bringing the total judgment sum to over GH₵1 million against Asamoah Gyan and his manager.
The Supreme Court’s latest ruling marks a significant victory for Gyan.
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