DANIEL
V.
SPEEDLINE STEVEDORING CO LTD

(2004) JELR 63512 (CA)    
Court of Appeal  ·  30 Jan 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 474
CORAM
ARYEETEY JA, ASARE KORANG JA, PIESARE JA
Core Terms Beta
receivers
managers
company
manager
high court
claim
second defendant
plaintiff
alleged misconduct
appeal
behalf of the second defendant
company’s cheques
course of their duty
day of january
management of the company
managers of the plaintiff company
officer of the court
affairs of the company
appointment of receiver
civil case no misc
constitutional right of the shareholders of the plaintiff company
control of the property
effect of appointment of a receiver
effect of the appointment of receiver
esq counsel
final judgment
following reliefs
hearing dr daniels
honourable court
judgment of the court
lack of capacity of the plaintiff company
leave of the court
manager of any property
obvious reasons
only ground of appeal
orders
orders of the high court
own hands
preliminary objection
present action
provision of section
real terms
registrar of the court
s e a brenya
second defendant’s legal objection
supreme court
trial judge
unanimous decision

JUDGEMENT

Aryeetey JA

Delivered the judgment of the court. A background to this appeal is as follows: On 7 May 1997, in a civil case No Misc 768/97, J K Dolphyne v. S E A Brenya and Gladys Dede Adjetey, the High Court made orders for interim injunction and for the appointment of receiver and manager. After the High Court had given final judgment in the case it ordered the two receivers and managers to hand over their stewardship to two others. The order was drawn and signed by the trial judge and the registrar of the court. It reads:

“ORDER FOR HANDING OVER

WHEREAS the above-named case is pending before this Honourable Court for hearing and determination:

AND WHEREAS at the trial held on the 19 day of January, 2001 it was ordered that an Order to HAND OVER be made:

AND UPON HEARING DR DANIELS, Esq Counsel for and on behalf of the second defendant and the Company herein AND Dr Twum, Esq, Counsel for and on behalf of the second defendant and the company herein:

NOW THEREFORE IT IS HEREBY OR…

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