Ratio Decidendi



FRANCIS KORANTENG
V.
CROCODILE MATCHETS (GH) LIMITED

(2012) JELR 63762 (HC)    
High Court  ·  SUIT NO: INDL/22/10 ·  25 Apr 2012 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU

Ratio Decidendi

Core Terms Beta
order
defendant
plaintiff
court
case
custody
current case
order of the court
anton piller order
business records
defendant’s business records
innocent suppression of material facts
court order
defendant’s employment
ex-parte motion
privacy of his home
records
such information
accounts of the defendant
bank accounts
breach of the rules of natural justice
court’s anton piller order
democratic society
disciplinary committee
exceptional circumstances
executive committee
fair hearing
freedoms of others
further appeal
high court
lawful custody
legal means
levels of disciplinary boards
necessary take steps
plaintiff of the defendant
plaintiff’s application
plaintiff’s continued use
plaintiff’s possession
plaintiff’s use
professional competence
public safety
respect of motion
rules of natural justice
senior manager of the g.c.b.
set aside
strong case of fraud
such documents
supreme court
use of any relevant information
various recommendations

RULING

ASUMAN-ADU, J.

This ruling is in respect of motion on notice filed by the Plaintiff/Applicant on 2nd February, 2011 to set aside this Court’s Anton Piller Order given on 13th December, 2010 which the Defendant/Respondent has opposed.

In his attached affidavit in support, the Plaintiff/Applicant avers that his case is directed towards establishing that the Defendant/Respondent is involved in tax deals so if the Order is allowed to stay it would create hardship for him. He goes on to contend that by the Order, the evidence that would be led in his case would be virtually erased and thus prevent him from establishing his case which would be most unfair. He claims that he has alleged fraud in the Accounts of the Defendant/Company and pleaded that the court should give an order for the Registrar of Companies to look at the manner of operating in that Company. In view of that if all the records to substantiate his allegations are surrendered, it would mean there is nothing else to estab…

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