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THE REPUBLIC V. EXPARTE SPEEDLINE STEVEDORING COMPANY LTD. GLADYS BRENYA

(2007) JELR 66758 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/9/2006  •  12 Dec 2007  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), MRS. WOOD J.S.C., ANSAH J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.

Appearances
MR. SAMMY OKUDZETO (WITH HIM MR. PETER OKUDZETO, MS. ESINI OKUDZETO) FOR APPLICANT; MR. ANDREW DANIELS FOR RESPONDENT.

Judgement

JUDGMENT

ATUGUBA J.S.C.

This is an application for Prohibition and Certiorari directed at the High Court, Fast Track Division presided over by P.K. Gyaesayor J "prohibiting him from hearing de novo Suit No. A (iv) 1/05 and also to remove and bring into this Honourable Court for the purpose of being quashed the Ruling of the said Accra High Court (Fast Track Division) dated the 10th of April, 2006 in the matter intituled:

Suit No. A (iv) 1/05:

J.K. DOPHYNE - PLAINTIFF

VS.

1. S.E.A. BRENYA

2. GLADYS BRENYA - DEFENDANTS

3. SPEEDLINE STEVEDORING CO. LTD

This case originated in the High Court Accra as Suit No. Misc. 768/97 in which the plaintiff sought and obtained reliefs in which the court made an allocation of shares, appointed directors for the third defendant company as well as signatories to its account.

These orders were quashed by this court for lack of jurisdiction, see IN RE SPEEDLINE STEVEDORING CO. LTD. REPUBLIC v. HIGH COURT, ACCRA EXPARTE BRENYA (2001-2002) SCGLR 775. Subsequently to t…

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