ESM COMPANY LIMITED V. EXIMGUARANTY COMPANY GHANA LIMITED AND BIG AIDOO CONSTRUCTION COMPANY LIMITED AND BEST POINT SAVINGS & LOANS CO. LTD

JUDGMENT

SOWAH, J.A.:

This is an appeal by the Garnishee/Appellant against the Ruling of the High Court, General jurisdiction, Accra dated 11^th March 2016. The Ruling dismissed the Garnishee/Appellants' claim to the proceeds of an Interim Payment Certificate [IPC 11] in respect of which the Plaintiff/judgment creditor/Respondent had initiated garnishee proceedings to attach for a judgment debt owed by the 2nd defendant/judgment debtor/Respondent.

Facts

The background facts are that the plaintiff/judgment creditor/Respondent sold a Quarry Plant to the 2nd defendant/judgment debtor/Respondent on credit terms. The 1^st defendant issued a bank guarantee for the outstanding purchase price. The plaintiff obtained judgment against the defendants' on 22^nd July 2015 for the balance of the unpaid purchase price and took out garnishee proceedings directed at the Ministry of Finance, Ghana Highways Authority and the Garnishee/Appellant herein.

At the hearing of the application, it emerged that the garn…