CLIPPER LEASING CORPORATION V. ATTORNEY-GENERAL & GHANA AIRWAYS LIMITED (IN OFFICIAL LIQUIDATION)

JUDGMENT

ADJEI-FRIMPONG, JSC : This appeal raises an issue of corporate law importance. In the main, can a company which has been struck off the Register of companies exercise any legal capacity or standing to commence an action in court? And what happens if having commenced the action, that company is subsequently restored to the register? Now, the company in question is Clipper Leasing, the Plaintiff/Respondent/Appellant/Applicant (hereinafter, “the Plaintiff”). This was not a Ghanaian company. It was incorporated under the laws of Antigua and Barbuda. The origin of the Plaintiff and the issues arising in the case appear to limit the application of pure Ghanaian law to the matter. In the happenings however, the question of the application of a foreign law to a case in Ghana also comes to the fore in this appeal. 

The suit itself has not arrived in this Court by a straight route. We shall however recount the following as sufficient to place the issues in perspective. 

The Plaintiff, an …