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

(2003) JELR 63505 (CA)

Court of Appeal 23 Jan 2003 Ghana
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- This case involves an application for stay of execution of a ruling and orders made by the High Court. - The orders appointed a Receiver/Manager for the defendant company and restrained the directors from holding themselves out as directo

Case Details

Suit Number:CM NO. 299/2002
Judges:LARTEY J.A. (PRESIDING), AKAMBA J.A., OSEI J.A.
Counsel:STANLEY AMARTEIFIO WITH HIM SOLOMON QUANDZIE FOR KUDJAWU FOR APPLICANTS,KUNTUNKUNUKU AMPOFO FOR THE RESPONDENT.

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 his…

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