GUARANTY TRUST BANK (GH) LTD vs CONTINENTAL COMMODITIES TRADING CO. LTD & ORS
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, ERIC K. BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT
Areas of Law
- Commercial Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for the appointment of a receiver/manager to oversee the affairs of the defendant companies, except for the 5th defendant. The plaintiff, to whom the defendants owe money from loans, argues that appointing a receiver/manager would ensure the recovery of the owed funds. The defendants resist this application, citing that receivers have already been appointed by the court for the stocks of the 1st, 2nd, and 4th defendants. The court, after considering the arguments and relevant sections of the Companies Act (Act 179), decides to decline the application. The primary reason for this decision is the potential conflict that could arise between a newly appointed receiver/manager and the previously appointed receivers. The court emphasizes the importance of avoiding such conflicts and considers what is just and equitable in making its decision. No order as to cost is made.
The plaintiff/applicant prays for an order for the appointment of a receiver/manager whose responsibility will be to take charge of the affairs and running of the day to day business of the defendants with the exception of the 5th defendants.
According to the applicant the defendants are truly and justly indebted to it as a result of loans the defendants contracted.
And as they owe, the assurance of the recovery of its money will be the appointment of John Fiam – Coblavie to take over the management of these companies to realize the monies owed the plaintiff.
Defendants have resisted the application for a number of reasons, the main one being that there have been receivers appointed by the court differently constituted, in respect of the stocks of 1st, 2nd and 4th defendants.
Indeed there is Exhibit CCTC 3 which defendants attach to their affidavit in opposition showing an order from the court in respect of a matter involving Standard Chartered Bank and 1st defendant/respondent.
Counsel for applicant has argued that notwithstanding the previous orders made by the court differently constituted, a further order by this court will not in any way conflict with the earlier orders made.
Counsel further relies on sections 239 and 240 of the Companies Act, Act 179. I have carefully considered the sections in Act 179 that learned counsel for applicant referred me to, nonetheless, the court is of the opinion that in view of the orders of the court in which persons in one form or another have been appointed as receivers over the sales of the defendants except perhaps the 5th defendant, I do not find it just and equitable to appoint a receiver/manager to take over the management of these companies.
Such an order has a profound potential to bring the receiver/manager appointed into serious conflict with the receivers previously appointed.
On that score, the court will decline the application of the plaintiff/applicant.
I make no order as to cost. (Sgd. )Eric K. Baffour, Esq. Justice of the High Court