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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

AI Generated Summary

In the Supreme Court of Ghana, Acting Chief Justice W. A. Atuguba authored the opinion on an application by Nii Armah Oblie for certiorari to quash proceedings of the High Court (Commercial Division), Accra, presided over by Justice George Atto Mills-Graves, in a shareholder-directorship dispute involving Osekan Resort Limited and parties Marcelo Navarro Batas, Balbino Borinaga Jr., and Nii Adam Addy. The High Court had granted interim relief ordering Oblie to return all company proceeds held in his personal account, including GH237,846.50, to Osekan’s bank account within seven days. Upon non-compliance, Oblie was committed to prison for 60 days, and his attempt to set aside that committal failed. Before the Supreme Court, the central question was whether such an order was one for the "payment of money" under Order 43 rule 12(1) of C.I. 47, precluding committal. The Court held the order required a specific ministerial banking act, not an open-ended money judgment, and dismissed Oblie’s application.

RULING