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Appeals Court dismisses AG’s application for stay of execution in Isofoton case


Appeals Court dismisses AG’s application for stay of execution in Isofoton case

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The Appeals Court in Accra Wednesday morning dismissed an application for stay of execution filed by the Attorney-General seeking to hold in abeyance, a garnishee order issued by the High Court in favour of Spanish company, Isofoton.

An Accra High Court in a garnishee order issued on May 2nd this year, froze the Agriculture Ministry’s Engineering Department accounts, for defaulting in the payment of an outstanding 1.3 million dollar judgment debt owed the firm.

The judgment debt arose from a case in which the company claimed that the previous government unfairly abrogated a contract it duly entered into with government for the supply and installation of solar powered water irrigation system in remote areas of the country.

The case has been as murky as the other judgment cases with the previous insisting that Isofoton had no case and pointing to reports compiled by a committee of lawyers put together by the current government to advise it on the case which effectively say Isofoton had no legal basis to institute an action against the state.

Before the government received the advice of the lawyers, it had however entered into a settlement agreement to pay the company $1.3 million and had made a part-payment.

The government however defaulted in its payment, prompting Isofoton to go to court to seek a garnishee order which was granted.

The AG’s Department filed an application for a stay of execution but that was dismissed Wednesday.

Country Manager of Isofoton Anane Agyei Forson told Joy News the company will enforce the court’s decision and ensure the money is paid.

From: Myjoyonline.com



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