KEYWEST WEST COMPANY LTD v. PAULINA MANU

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.