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ABBAN
V.
BOOBI AND ANOTHER

(1993) JELR 65700 (HC)

High Court 23 Jun 1993 Ghana
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- The case involves a dispute over whether a summons to show cause can be issued against a limited liability company. - The plaintiff obtained a judgment for money against the limited liability company, but the company has failed to settle

Case Details

Judges:BENIN J.
Counsel:I G CARSON FOR THE PLAINTIFF; SAMMY ADDO FOR THE SECOND DEFENDANT.
Other Citations:[1975] 1 GLR 575

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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