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SPEEDLINE STEVEDORING CO. LTD. V. GABRIEL DANIEL

(2004) JELR 69492 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 20/2003  •  30 Jan 2004  •  Ghana

Coram
ARYEETEY J.A. (PRESIDING), ASARE-KORANG J.A., PIESARE J.A

Appearances
MR. AMPOSAH DADZIE FOR 2ND DEFENDANT/APPELLANT, MAANAA APPEAH FOR PLAINTIFFS/RESPONDENTS

Judgement

ARYEETEY, J.A.:

A background to this appeal is as follows: On 7th May, 1997, in a civil case number Misc.768/97, J. K. Dolphyne v. S. E. A. Brenya and Gladys Dede Adjetey, the High Court made orders for Interim Injunction and for the appointment of Receiver and Manager. After the High Court had given final judgment in the case it ordered the two Receivers and Managers to hand over their stewardship to two others. The order as drawn and signed by the trial judge and the registrar of the court. It reads:—

“ORDER FOR HANDING OVER

WHEREAS the above-named case is pending before this Honourable Court for hearing and determination:

AND WHEREAS at the trial held on the 19th day of January, 2001 it was ordered that an Order to HAND OVER be made:

AND UPON HEARING DR. DANIELS Esq.,

Counsel for and on behalf of the 2nd defendant and the Company herein: AND DR. TWUM Esq.,

Counsel for and on behalf of the 2nd defendant and the Company herein:

NOW THEREFORE IT IS HEREBY ORDERED that MR. ANTONIO CASTRO BARCO…

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