The court’s order follows a ruling on a review application filed by lawyer for Woyome, the National Democratic Congress (NDC) financier, Osafo Buaben, seeking to reverse an order by a sole judge, Justice A.A. Benin, which paved way for the judgment debtor to be orally examined, and his assets valued.
The application was also challenging the judge’s order to invite officials of the Lands Commission to evaluate Mr. Woyome’s properties in a garnishee proceeding – a decision the lawyer averred was an affront to Mr. Woyome’s right to privacy.
Ruling
The Supreme Court, presided over by a three-member review panel chaired by Justice William Atuguba – with Sophia Adinyira and Jones Dotse assisting – in a unanimous decision, dismissed the application, labelling it a “red herring” used by Woyome and his lawyer as a “further illustration of his delay mechanism.”
According to the court, the Order 46 Roll 1 and 2 which the single judge relied on to grant the oral examination, is to enable a judgment creditor who is frustrated and encounters difficulties in the execution of judgment to take advantage of this procedure, and orally examine the debtor to find out why the judgment debtor is unable to satisfy that judgment or order.
It said, it is quite certain that that was the procedure that the state applied and the single judge also used when he granted the application for the oral examination of Mr. Woyome.
“We have critically examined the issues and or questions set out by the single judge and are convinced that the Rule indeed has fortified and protected the single judge in the orders he made,” the apex court maintained.
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