REPUBLIC v. HIGH COURT (COMMERCIAL DIVISION) ACCRA & OTHERS
2012
SUPREME COURT
GHANA
CORAM
- ATUGUBA, AG .CJ (PRESIDING)
- ANSAH, J.S.C
- OWUSU (MS), J.S.C
- YEBOAH, J.S.C
- GBADEGBE, J.S.C
Areas of Law
- Civil Procedure
- Commercial Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court reviewed an application to quash proceedings and orders of the High Court, which mandating the return of funds diverted to a personal account back to the company account, resulting in committal of the defendant for non-compliance. The Court held that while the order involved payment of money in a strict and technical sense, it did not fall within the scope of exemption from committal as provided by O.43 r.12(1). Therefore, the application for certiorari was dismissed, and previous authorities and legal principles were discussed to support the ruling.
ATUGUBA, J.S.C:
The applicant moves this court for “an Order of Cetiorari directed to the High Court, (Commercial Division) Accra, Coram: His Lordship, Mr. Justice George Atto Mills-Graves, to bring up into this Hon. Court to be quashed, the Proceedings, including the Rulings and Orders of the said High Court, dated the 19th day of October 2011, and the 31st day of October, 2011, in the Suit No. OCC.1/11, entitled: 1. Marcelo Navarro Batas, 2. Balbino Borinaga Jr. 3. Nii Adam Addy v. 1. Nii Armah Oblie 2. Osekan Resort Limited;”
The brief facts of the case are that the interested parties instituted an action in the High Court (Commercial Division), Accra against the applicant claiming
“i. A declaration that 1st and 2nd Plaintiffs own 90,000,000 shares each in 2nd Defendant Company whiles 3rd Plaintiff and 1st Defendant own 5,000,000 shares each in 2nd Defendant Company.
ii. A declaration that the Plaintiffs and 1st Defendant are Directors of 2nd Defendant Company.
iii. An order for 1st Defendant to account for his stewardship of 2nd Defendant from 27th September, 2010 to date.
iv. An order for the appointment of an interim management committee to take over the management of 2nd Defendant Company.
v. An order of injunction to restrain 1st Defendant, his agents, assigns, workers and servant from managing 2nd Defendant from the date of issuance of this Writ to date of final judgment.
vi. Cost inclusive of legal and administrative cost.”
Subsequently the plaintiffs applied for interim injunction restraining the applicant (the 1st defendant) from managing the affairs of the 2nd defendant, and for the appointment of a manager and receiver.
In granting the application the trial judge G.A. Mills-Graves J ordered inter alia, “all proceeds that have accrued from the 2nd Defendant Company and which the 1st Defendant has kept solely in his personal account (different from that of the 2nd Defendant Bank Account) shall within 7 days from today be returned to the 2nd Defendant Bank Account. (Inclusive of the sum of GH¢37,846.50 that stand in the name of 1st Defendant in a separate Bank.”
For non compliance with this order the applicant was committed to prison for a term of 60 days. An application to set aside this committal was dismissed by the trial judge. Hence this application before this court.
The obvious question arising in this application is whether the order of the trial court for the return of the moneys from the applicant’s personal account to the