Originally from Attachment of Assets

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshal?

In Ghana, when by any contract a prima facie case of liability is established, and there is alleged as a matter of defence a right to be relieved wholly or partially from such liability, the court or Judge may make an order for the preservation or interim custody of the subject matter of litigation, or may order that the amount in dispute be brought into court or otherwise secured.

Secondly, if the defendant in any action for an amount of a substantial nature with the intent to obstruct or delay the execution of any judgment that may be passed against him is about to dispose of his property or any part thereof, or to remove any such property from the jurisdiction in which the action is brought, the Plaintiff may apply to the court, either at the time of the institution of the action, or at any time thereafter until final judgment, to call upon the defendant to furnish sufficient security to fulfill any judgment that may be made against him in the action, and on his failing to give such security, to direct that any property, immovable or movable, belonging to the defendant shall be attached until the further order of the court.

2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.

The form of attachment is either by way of injunction or interim preservation.