ABBAN
V.
BOOBI AND ANOTHER

(1993) JELR 65700 (HC)    
High Court  ·  23 Jun 1993 ·  Ghana
 · 
Other Citations
[1975] 1 GLR 575
CORAM
BENIN J.
Core Terms Beta
company
application
summons
court
directors
plaintiff
cause
counsel
judgment
limited liability company
money
rules
company’s debts
court order
judgment debt
order
abuse of the process of the court
alternative
arrest
civil procedure
company’s lawyer
day
directors of the company
eventual imprisonment of the judgment debtor
execution of a judgment
execution process
formal application
ground
high court
imprisonment of a judgment debtor
individual persons
l.n. 140a
ln 140a
motion
payment of money
person
point
present application
prison
process of attachment
purpose
reply
request
rule
second defendant
sequestration
way of an application
writ of fieri facias
wrong mode

JUDGMENT

BENIN J.

The point raised in this application is whether a summons to show cause lies against a limited liability company. The second defendant is a limited liability company against whom the plaintiff has obtained judgment for money. The plaintiff complains the company has failed to settle the judgment debt and has therefore set an execution process in motion by way of an application for summons to show cause under Order 69 of the High Court (Civil Procedure) Rules, 1954 (LN 140A). The. application has been opposed by the company’s lawyer on the ground that a summons to show cause is a wrong mode of executing judgment for money against a limited liability company and is thus incompetent, frivolous and an abuse of the process of the court. A company, he submitted, cannot walk to prison. In his reply, counsel for the plaintiff said this is an application which speaks for itself for company to show cause why it should not or cannot pay the judgment debt. If it is unable to show c…

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