Asamoah Gyan Wins Landmark case in Supreme Court ruling
In a significant judgment delivered on October 28, 2025, the Supreme Court quashed a ruling by the High Court, Financial and Economic Division 1, dated November 19, 2024. The case, Republic vrs High Court, Accra Ex-Parte: Asamoah Gyan and Samuel Anim Addo, was presided over by a panel of five Justices of the Supreme Court.
The Background
The applicants, Asamoah Gyan and Samuel Anim Addo, had filed a motion seeking to quash a garnishee order absolute issued by the High Court. During the proceedings, the applicants’ counsel, Bobby Banson, indicated that they would be abandoning the relief relating to prohibition since the judge in question had been elevated to the Court of Appeal.
The Supreme Court’s Decision
After examining the processes filed by the parties, the Supreme Court held that the trial judge had erred in not following a statutory jurisdiction precedent prior to issuing the garnishee order absolute. Consequently, the Court quashed the ruling of the High Court and struck out the relief for prohibition, which had become moot.
Costs Awarded
The applicants had sought costs of GHC20,000.00, while the respondent offered GHC6,000.00. The Court awarded costs of GHC10,000.00 in favor of the applicants against the interested party.
The Judgment
The judgment was delivered by Justice Amadu, with Justices Prof. H. J. A. N. Mensa-Bonsu, Y. Kulendi, Y. Darko Asare, and S. Dzamefe concurring.
This landmark decision highlights the importance of adhering to statutory jurisdiction precedents in the administration of justice.
