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RIASAND VENTURES LIMITED
V.
NOBLE GOLD BIBIANI LIMITED

(2017) JELR 66061 (CA)

Court of Appeal 7 Dec 2017 Ghana
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- The case involves a dispute between a debtor (Appellant) and a creditor (Respondent), where the Appellant failed to pay a judgment debt leading to a winding-up order by the Respondent. - The Appellant proposed a scheme of arrangement to i

Case Details

Suit Number:SUIT NO. H1/129/2017
Judges:ADUAMA OSEI JA (PRESIDING), WELBOURNE JA, KWOFIE JA
Counsel:COUNSEL FOR RESPONDENT/APPLICANT/APPELLANT – KIZITO BEYUO,COUNSEL FOR PETITIONER/RESPONDENT/RESPONDENT – COSMAS ANPENGNUO

ADUAMA OSEI JA

In this judgment the Petitioner/Respondent/Respondent is referred to as “the Respondent”, and the Respondent/Applicant/Appellant is referred to as “the Appellant”.

On the 20th of September, 2013, the Respondent had obtained summary judgment in the High Court in Suit No. AC.737/13 against the Appellant and when the Appellant failed to pay the judgment debt, the Respondent had on the 5th of February, 2014, upon a petition made to the Fast Track Division of the High Court, obtained an order under the Bodies Corporate (Official Liquidation) Act, 1963, (Act 180) for the winding up of the Appellant, which order was made to take effect on the 30th of June, 2014, to enable the Appellant “make all the necessary arrangements to satisfy its indebtedness to the Petitioner Company failing which the Order shall be effective without any further orders to that effect”. The winding up order had been expressed to be “without prejudice to any steps or applications that may be taken for a re…

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