SAMUEL BERVELL ACKAH
V.
EXPRESS MARITIME SERVICES LIMITED & ORS.

(2003) JELR 63505 (CA)    
Court of Appeal  ·  CM NO. 299/2002 ·  23 Jan 2003 ·  Ghana
CORAM
LARTEY J.A. (PRESIDING), AKAMBA J.A., OSEI J.A.
Core Terms Beta
receiver
manager
section
case
company
application
appointment of a receiver
companies code
orders
present case
statement of claim
stay of execution of the ruling
trial judge
writ of summons
abbeyman family stool
account of the foregoing reasons
alleged wrong doings
appointment forms
appointment of the registrar of the court
appropriate cases
behalf of the defendants
behalf of the plaintiff
boyefio vrs nthc properties ltd
civil procedure
decision of the high court
first defendant
high court
instant case
learned judge
main argument
particular point
plaintiffs claim
power of a court
privilege of a preview of the lead judgment
provisions of the code
registrar of the high court
regulations of the company
restraining orders
serious wrong doings
simple answer
status of the third defendant
status quo
subject matter
substantive case
such wrong doing
sufficient legal reasons
support of this application
supreme court
supreme court decision
wording of the said section

LARTEY J. A.:

This is an application for stay of execution of the ruling and orders contained in the decision of the High Court, Tema, made on 13th June, 2002. By the orders, a Receiver/Manager was appointed for the first defendant/company, and all the four directors in this suit were also restrained from holding themselves out as directors.

The main argument which was canvassed in support of this application was that the ruling and orders emanating therefrom are so manifestly wrong and unlawful that they ought not be allowed to be acted upon or enforced in law until the final determination of the appeal. The point was made that having regard to the endorsement on the writ of summons and the statement of claim it was obvious that the plaintiffs claim was for a collection of certain rights. Indeed there was no claim for Receiver/Manager; neither was there any claim for injunction against the directors. It was thus submitted that where a party to an action fails to make a final claim in h…

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