SPPEEDLINE STEVEDORING CO. LTD
V.
S. M KOTEI & ANOR.

(2007) JELR 65757 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/391/05 ·  16 Feb 2007 ·  Ghana
CORAM
OWUSU ANSAH J.A (PRESIDING), KANYOKE J.A, APALOO J.A
Core Terms Beta
2nd appellant
respondent company
learned trial judge
case
protocol payments
trial judge
management of the company
1st appellant
appellant
date of final payment
high court
judgment of the learned trial judge
likelihood of bias
opoku andoh
statement of claim
virtue of supreme court judgment
additional grounds of appeal
following reliefs
managers of the company
said sum
1st defendant
2nd appellant claims
2nd defendant appellant
breach of the rules of natural justice
case of cudjoe vrs kwatchey
case of the respondent company
commission of the proceeds of the company
court holds
court of appeal rules
directorship of the company
end of the trial
finding of fact
given situation
huge sum of money
j.a
judicial service
leave of the court
managers of the plaintiff
notice of appeal
order of the high court
prejudicial comments
public confidence
public officials
q now mr. daniels
record mr. andoh
see r vrs gaming board
support of his appeal
v field
written submission

KANYOKE J.A:

The 1st defendant/appellant (herein the 1st appellant) was a Chief Registrar whilst the 2nd defendant appellant (herein the 2nd appellant) was a Deputy Chief Registrar, both in the Judicial Service, Accra. On the 31st July 1997 the appellants were appointed by the High Court, Accra as Receivers and Managers of the plaintiff/Respondent company (herein the respondent company or company) pending the final determination of a suit involving the shareholders and directorship of the company. The appellants were by the terms of their appointment to be entitled to 6% commission of the proceeds of the company during their tenure of office. The appellants managed the company for 3 and half years. Subsequently, upon an order of the High Court, Accra, differently constituted, dated the 31st January 2001; the appellants handed over the management of the company to the original persons.

Before then the appellants had appointed a firm of auditors Sraha and Associates to audit the managemen…

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