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C. O. NYANOR V. J. K. FORSON & MENLEO ENTERPRISE LTD. & ORS

(2004) JELR 69713 (CA)

Court of Appeal  •  H3.72.2004  •  27 Feb 2004  •  Ghana

Coram
OWUSU J. A. [PRESIDING], ANINAKWA J.A., ANIN YEBOAH J. A.

Judgement

ANIN YEBOAH: This is a motion for stay of execution brought by the 1st Co-Respondent/ Applicant (hereinafter called the Applicant) praying this Honourable Court for stay of execution of the judgment of Her Lordship Mrs. Justice Owusu-Arhin delivered on 28/7/2003. The Applicant/Respondent (hereinafter called the Respondent) by originating motion on notice before the High Court, Accra prayed the court to order the official Liquidator [the sole respondent] to the action to declare the assets of Metal Factory [Bibiani] Limited and a declaration that the fully paid shareholders of Metal Factory (Bibiani) Limited in value and Shereholding are as follows—

VALUE SHAREHOLDINGS

C.O. NYANOR ¢5,500,00 5,500,00

MENLEO ENT. LTM 600,000 600,000

STATE GOLD MINIG

COPRORATION 250,000 250,000

And that the liquidator has to distribute the Net Assets of Metal Factory (Bibiani) Limited in liquidation in proportion to the above shareholdings:

ALTERNATIVELY

3. That the creditors of Metal Factory (Bibiani) Limited wh…

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