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GENERAL DEVELOPMENT CO LTD
V.
RAD FOREST PRODUCTS LTD AND OTHERS

(2000) JELR 70004 (CA)

Court of Appeal 21 Dec 2000 Ghana
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- The Court upheld an order for interim preservation and detention of disputed property under Order 50, r 5 of the High Court (Civil Procedure) Rules, appointing a receiver/manager to administer the items pending final determination. - Key

Case Details

Judges:BENIN JA,ANSAH JA,AMONOO-MONNEY JA
Counsel:EBOW QUASHIE FOR THE DEFENDANT-APPLICANT; OWUSU ANKOMAH FOR THE PLAINTIFF-RESPONDENT
Other Citations:[1999-2000] 2 GLR 627

JUDGMENT

BENIN JA

The High Court, Sekondi granted an order of interim preservation of certain equipment and vehicles in the possession of the defendants. These items are the subject-matter of four consolidated suits. The application was brought under Order 50, r 5 of the High Court (Civil Procedure) Rules 1954 (LN 140A). The court appointed the deputy registrar of the court to be the receiver and manager thereof. These are the relevant orders made by the court below:

“(1) The detention and preservation of the disputed machines, vehicles and equipment now in the custody and possession of the respondents herein.
(2) I hereby further appoint the deputy registrar of this court receiver and manager to manage the disputed machinery, vehicles and equipment pending the determination of the suits herein.
(3) Both the applicants and the respondents may apply to the receiver and manager for the use of any of the items the subject-matter of this application to be let on hire to them and the hire price…

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