KEYWEST WEST COMPANY LTD v. PAULINA MANU
December 16, 2010
COURT OF APPEAL
GHANA
CORAM
- AKAMBA J.A. (PRESIDING)
- KUSI- APPIAH, JA
- MARFUL-SAU, JA
Areas of Law
- Civil Procedure
- Corporate Law
AI Generated Summary
Authored by S. K. Marful‑Sau JA with concurrences by J. B. Akamba JA (Presiding) and F. Kusi‑Appiah JA, this Court of Appeal decision sets aside a High Court, Accra ruling dated 1 February 2008 that had permitted a judgment creditor to attach the private immovable property of Mrs. Emelia Asaa Zimmermann‑Addo, the sole living director of the judgment debtor company, to satisfy a corporate judgment debt. The respondent had secured summary judgment for C125,139,200 based on admissions, levied fifa, and faced an interpleader by Mrs. Zimmermann‑Addo. Relying on Order 43 r 5(1)(bb) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the trial court allowed attachment. The Court of Appeal held that Order 43 r 5 applies only to judgments imposing specified acts, that it mandates writs of sequestration rather than fifa, and that, absent veil‑lifting under company law (Salomon; Morkor v Kuma), a director’s property cannot satisfy corporate liabilities. Although the company’s liquidation was used to overreach enforcement (Brown v Hoeks), the attachment failed because the property was not the company’s.