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KEYWEST WEST COMPANY LTD V. PAULINA MANU

(2010) JELR 64955 (CA)

Court of Appeal  •  SUIT NO. H1/28/2010  •  16 Dec 2010  •  Ghana

Coram
AKAMBA JA (PRESIDING), KUSI- APPIAH JA, MARFUL-SAU JA

Judgement

JUDGMENT

MARFUL-SAU, JA:

This appeal is taken from the ruling of the High Court, Accra dated the 1st of February, 2008 which ruling granted the prayer of the respondent herein to attach the properties of the directors of the appellant company in execution of judgment entered against the company. In this appeal the plaintiff will remain the respondent and the defendant company will be known as the appellant. On the 7th of July, 2006, the High Court entered summary judgment against the appellant for the respondent to recover a total of c125, 139,200.00 inclusive of interest from the appellant. The judgment was based on facts admitted by the appellant in its pleadings.

On the 24th December, 2007, the respondent filed a motion on Notice for leave to attach properties of Directors of the judgment debtor company, the appellant herein. Paragraphs 8, 9 and 10 of the affidavit in support of the respondent motion is of interest and same is reproduced hereunder:-

‘’8. That after I have instituted a …

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