RIASAND VENTURES LIMITED V. NOBLE GOLD BIBIANI LIMITED
(2017) JELR 66061 (CA)
Court of Appeal
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SUIT NO. H1/129/2017
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7 Dec 2017
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Ghana
Coram
ADUAMA OSEI JA (PRESIDING), WELBOURNE JA, KWOFIE JA
Appearances
COUNSEL FOR RESPONDENT/APPLICANT/APPELLANT – KIZITO BEYUO,COUNSEL FOR PETITIONER/RESPONDENT/RESPONDENT – COSMAS ANPENGNUO
Judgement
<p><strong>ADUAMA OSEI JA</strong></p><p>In this judgment the Petitioner/Respondent/Respondent is referred to as “the Respondent”, and the Respondent/Applicant/Appellant is referred to as “the Appellant”.</p><p>On the 20<sup>th</sup> of September, 2013, the Respondent had obtained summary judgment in the High Court in Suit No. AC.737/13 against the Appellant and when the Appellant failed to pay the judgment debt, the Respondent had on the 5<sup>th</sup> of February, 2014, upon a petition made to the Fast Track Division of the High Court, obtained an order under the Bodies Corporate (Official Liquidation) Act, 1963, (Act 180) for the winding up of the Appellant, which order was made to take effect on the 30<sup>th</sup> of June, 2014, to enable the Appellant <em>“make all the necessary arrangements to satisfy its indebtedness to the Petitioner Company failing which the Order shall be effective without any further orders to that effect”. </em>The winding up order had been expressed to be <em>“without prejudice to any steps or applications that may be taken for a re…</em></p>