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RE GHANA TIMBER MARKETING BOARD’S APPLICATION;GHANA TIMBER BOARD V. ASHANTI CURL & LUMBER PRODUCTS LTD.

(1968) JELR 84898 (HC)

High Court  •  17 Oct 1968  •  Ghana

Coram
ANNAN, J.

Appearances
Osei-Bonsu for the applicants. Kofi Sackey for the respondents.

Judgement
<p style="text-align: justify;"><strong>ANNAN, J</strong>.</p><p style="text-align: justify;">This application is brought under section 115 of the Companies Code, 1963 (Act 179), for an extension of time within which to register particulars of a charge in terms of section 107 of the Code. The application is brought by the Ghana Timber Marketing Board, the creditors. The debtors, the Ashanti Curl and Lumber Products Ltd. Oppose the application. The duty to effect registration of charges is placed on the debtor company in the first place and the Code provides penalties as against the company for default in sending for registration any particulars which require registration. However section 111 permits &quot;any person interested&quot; in a charge to register it. Clearly the purpose of this provision is to safeguard the interests of such a person in cases where a company deliberately refuses to register. Where, however, there is a failure to register within the statutory period of 28 days, either the company or a person interested in the charge may apply to the court for an extens…</p>

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