Court throws out AG's application for stay of execution over Isofoton case

An Accra High Court has thrown out an application filed by the Attorney General for a stay of execution in respect of the garnisheed Ministry of Agric account by Spanish firm, Isofoton.

Trial judge, Justice Ernest Obimpeh, who presided over the application said there were no special circumstances to warrant the granting of the application.

Isofoton garnisheed the Agric Ministry's account after the government defaulted in payment of settlement amount agreed by both parties and filed in court.

Joy News' Sammy Darko, who was in court reported that the case has been a long standing one between the state and the company.

Isofoton SA brought an action 2008 against the state and secured a default judgment with no specific amount.

The State went to court in 2009 and filed processes in an attempt to set aside that default judgment.

The state however did not continue with that process, but instead reached an out-of-court settlement with the company to pay an amount of $1.3 million.

On the 28 September 2010, the settlement agreement was filed and adopted by the court on September 29, 2010.

The state paid $400,000 and indicated the mode of payment of the remainder.

It however defaulted, prompting Isofoton to garnishee the Agric Ministry's accounts on 21 November 2011.

On April 20, 2012, the AG tried to set aside the garnishee process but failed and on June 5 2012 applied for a stay of execution which the court threw Tuesday morning.

Story by Ghana l Malik Abass Daabu/Myjoyonline.com