Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

UNION MARITIME ET COMMERCIALE v. RABENSTEINER AND ANOTHER

May 20, 1968

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Civil Procedure
  • Corporate Law

AI Generated Summary

In proceedings following a default judgment entered on 10 April 1968, Tropical Woods Ltd., a company in voluntary liquidation, sought to set aside the judgment contending that its liquidators were not proper defendants and that the company should have been sued through ordinary directors. The liquidators, served with leave at their addresses in Italy, had earlier advised the Registrar that winding up was complete, leading to the company’s name being struck off and later restored. The court held that, under the Companies Code and Act 180, liquidators hold all directors’ powers and may litigate in the company’s name; upon restoration under section 260, the company resumes its pre-dissolution status and liquidators remain in control absent directions under subsection (4). The applicant lacked authority from the liquidators and failed to follow the required third-party intervention procedure under Order 27, r.16 and Jacques v. Harrison. The application was dismissed.

JUDGMENT