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…