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LEVANDOWSKY AND ANOTHER V. ATTORNEY-GENERAL

(1970) JELR 68866 (HC)

High Court  •  3 Sep 1970  •  Ghana

Coram
ABBAN J.

Judgement

ABBAN J.

On 11 August 1970, when the court was about to hear the application of the plaintiffs- judgment creditors (hereinafter referred to as the plaintiffs) asking for leave to go into execution, the learned Solicitor-General, Dr. S. K. B. Asante who appeared as counsel for the defendants-judgment (debtors hereinafter referred to as the defendants) raised very important preliminary objections. The arguments put forward in support of these objections are also very interesting and I will like to discuss the same in full. His objections, in a nutshell, were that the plaintiffs not having been registered as a company under the Companies Code, 1963 (Act 179) or not having been registered as a firm of partnership under the Incorporated Private Partnerships Act, 1962 (Act 152) are hindered or prevented by what the learned counsel described as “fundamental legal impediments” from instituting any legal proceedings (including the present application) for the purpose of enforcing any of the ri…

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