The facts of this appeal admit of no complexity whatsoever.
On the 28th of August, 2001, the Petitioners/Respondents, hereinafter referred to as the Petitioners, filed an originating Motion on Notice against the Respondents/Appellants, hereinafter referred to as the Respondent seeking an order as follows against the Respondents:
"GIHOC DISTILLERIES CO. LIMITED be wound up on grounds that the said company cannot pay its debts or that such other order may be made as to the Honourable Court may seem just."
The above application was supported by a Petition and an affidavit verifying the facts relied upon.
The said application was vehemently contested by the Respondents. Series of interlocutory applications were filed, and after Counsel’s submission on the matter, the Learned High Court Judge on the 10th day of April, 2003 sitting in Accra delivered judgment in favour of the Respondents in the following terms:—
"The court, enjoys the privilege of exercising some amount of discretion …