ULTIMATE HOLDINGS LIMITED vs SAMMY WILLIAMS

Counsel for Defendant/Respondent: My Lady, we sought leave to file further supplementary affidavit in opposition and we exhibited full complement of the ruling of Justice Jennifer Abena Dadzie, that exhibit is marked as exhibit ‘XW2’. There was a contract of sale between the Defendant and the Plaintiff and that the Plaintiff breached the terms of the contract of sale and was accordingly informed by a letter and therefore he cannot benefit from his own fruits. He claimed to have made payments; that payments was to a wrong company. The attached exhibits ‘XW’ which is a swift advice, MT103’. In that exhibit, a company called Akani Logistics & Construction paid money into the account of Intercontinental Group, that payment became a subject matter in an application filed before Her Ladyship Justice Jennifer Abena on 27th day of March 2023 which we have attached as exhibit ‘XW2’. In that matter, the lawyer for Bank of Africa Ghana Limited, the mortgagees said this – read out. In that vein, we have to withdraw our application requesting the Court to make an order to Bank of Africa to return the money paid by Akani Logistics & Construction because the Defendant has no arrangement with Akani Logistics & Construction to pay any monies on its behalf. It is the case of the Defendant that there was a breach of the terms of the contract of sale. The property in issue, as we stand today is still not discharged by the Court and this is what the Court said- read out. That action is still pending and the hearing has been adjourned to October. We are saying the application is baseless and same should be refused.

Counsel for Plaintiff/Applicant: My Lady, we wish to make a small comment on exhibit ‘XW2’. Initially it was not attached to the affidavit in opposition. Counsel created the impression that the payment was made for a different debtor and not the Defendant. We wish to correct the records that the Defendant in that case was not the primary debtor, his property was used to secure the financial property. Counsel in withdrawing his application submitted to the court- read out. The Defendant acknowledged that Plaintiff had paid its debt and has effectively realized his property from attachment. What has not been acknowledged before you is the said Akani Logistics & Construction is a related company to the Plaintiff Company and are owned by the same shareholders. We have filed the relevant documents and we will not go further. Counsel in his submissions indicated that beca