Ratio DecidendiRatio Decidendi



SPEEDLINE STEVEDORING CO. LTD.
V.
GABRIEL DANIEL

(2004) JELR 69492 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 20/2003 ·  30 Jan 2004 ·  Ghana
CORAM
ARYEETEY J.A. (PRESIDING), ASARE-KORANG J.A., PIESARE J.A

Ratio Decidendi

Core Terms Beta
receivers
managers
company
manager
claim
companies code
second defendant
high court
plaintiff
alleged misconduct
appeal
behalf of the 2nd defendant
company’s cheques
course of their duty
management of the company
managers of the plaintiff company
officer of the court
19th day of january
affairs of the company
appointment of receiver
civil case number misc
concluding part of its ruling
constitutional right of the shareholders of the plaintiff company
control of the property
effect of the appointment of receiver
final judgment
following reliefs
hearing dr. daniels esq
high court accra
high court’s ruling
honourable court
lack of capacity of the plaintiff company
leave of the court
manager of any property
obvious reasons
only ground of appeal
orders
orders of the high court
own hands
preliminary objection
present action
provision of section
real terms
registrar of the court
s. e. a. brenya
see halsbury’s laws
supreme court
trial judge
unanimous decision

ARYEETEY, J.A.:

A background to this appeal is as follows: On 7th May, 1997, in a civil case number Misc.768/97, J. K. Dolphyne v. S. E. A. Brenya and Gladys Dede Adjetey, the High Court made orders for Interim Injunction and for the appointment of Receiver and Manager. After the High Court had given final judgment in the case it ordered the two Receivers and Managers to hand over their stewardship to two others. The order as drawn and signed by the trial judge and the registrar of the court. It reads:—

“ORDER FOR HANDING OVER

WHEREAS the above-named case is pending before this Honourable Court for hearing and determination:

AND WHEREAS at the trial held on the 19th day of January, 2001 it was ordered that an Order to HAND OVER be made:

AND UPON HEARING DR. DANIELS Esq.,

Counsel for and on behalf of the 2nd defendant and the Company herein: AND DR. TWUM Esq.,

Counsel for and on behalf of the 2nd defendant and the Company herein:

NOW THEREFORE IT IS HEREBY ORDERED that MR. ANTONIO CASTRO BARCO…

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