C. O. NYANOR
V.
J. K. FORSON & MENLEO ENTERPRISE LTD. & ORS

(2004) JELR 69713 (CA)    
Court of Appeal  ·  H3.72.2004 ·  27 Feb 2004 ·  Ghana
CORAM
OWUSU J. A. [PRESIDING], ANINAKWA J.A., ANIN YEBOAH J. A.
Core Terms Beta
respondent
applicant
appeal
trial judge
official liquidator
shares
stay of execution
suit
company
1st co-respondent
appeal raises
appellate court
high court
j. k. forson
legal point
pendency of the suit
sole respondent
anin yeboah
arguable points of law
assets of metal factory
bibiani industrial complex
bibiani industrial complex limited
course of the hearing of the ac
full statement of affairs of the financial position
honourable court
inter alia
interesting point
issue of joinder
judgment-debtor pays
learned judge
learned trial judge
legal pronouncements
lordship mrs. justice owusu-arhin
menleo ent
menleo enterprise ltd.
payment of money
record shows
refusal of the stay of execution
respectful opinion
respectful view
respectful view raises
section of the companies code
section of the said act
share certificate
shareholders of metal factory
shareholding structure of the company
stay of execution of the judgment

ANIN YEBOAH: This is a motion for stay of execution brought by the 1st Co-Respondent/ Applicant (hereinafter called the Applicant) praying this Honourable Court for stay of execution of the judgment of Her Lordship Mrs. Justice Owusu-Arhin delivered on 28/7/2003. The Applicant/Respondent (hereinafter called the Respondent) by originating motion on notice before the High Court, Accra prayed the court to order the official Liquidator [the sole respondent] to the action to declare the assets of Metal Factory [Bibiani] Limited and a declaration that the fully paid shareholders of Metal Factory (Bibiani) Limited in value and Shereholding are as follows—

VALUE SHAREHOLDINGS

C.O. NYANOR ¢5,500,00 5,500,00

MENLEO ENT. LTM 600,000 600,000

STATE GOLD MINIG

COPRORATION 250,000 250,000

And that the liquidator has to distribute the Net Assets of Metal Factory (Bibiani) Limited in liquidation in proportion to the above shareholdings:

ALTERNATIVELY

3. That the creditors of Metal Factory (Bibiani) Limited wh…

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