Amidu Vrs Attorney-general and Others [2019] GHASC 45 (27 June 2019)

Amidu Vrs Attorney-general and Others [2019] GHASC 45 (27 June 2019)

The mortgage deed relied on by the claimants was not registered or stamped as required by law, rendering it ineffectual to convey any interest. There was no valid transfer of shares in Anator Holding Company Limited, as no written instrument, registration, or notification to the Registrar-General was effected. The judgment debtor, Alfred Agbesi Woyome, remains the owner of the companies and their assets. The execution process may proceed against the specified properties and assets.

Citation
[2019] GHASC 45
Parties
Plaintiff: Martin Alamisi Amidu; 1st Defendant/judgment Creditor: Attorney General; 2nd Defendant: Waterville Holdings (BVI) Ltd; 3rd Defendant/judgment Debtor: Alfred Agbesi Woyome; 1st Claimant: UT Bank Ltd (in Receivership); 2nd Claimant: Anator Holdings Company Limited; 2nd Claimant: Anator Quarry Company Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 June 2019
Procedural Posture
Civil Motion / Ruling on Post Judgment Execution Proceedings
Outcome
Application dismissed; execution to proceed
Legal Topics
Execution of Judgments, Ownership of Assets, Mortgage Registration, Transfer of Shares
Source Language
English
Civil Procedure Company Law Banking Law Execution of Judgments Ownership of Assets Mortgage Registration Transfer of Shares

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Martin Alamisi Amidu

Plaintiff

Attorney General

1st Defendant/judgment Creditor

Waterville Holdings (BVI) Ltd

2nd Defendant

Alfred Agbesi Woyome

3rd Defendant/judgment Debtor

UT Bank Ltd (in Receivership)

1st Claimant

Anator Holdings Company Limited

2nd Claimant

Anator Quarry Company Limited

2nd Claimant

Procedural Posture

Civil Motion / Ruling on Post Judgment Execution Proceedings

Legal Issues

  1. 1 Whether the properties attached in execution are owned by the judgment debtor or the claimant companies
  2. 2 Whether the mortgage deed over the properties is valid and enforceable
  3. 3 Whether there was a valid transfer of shares in Anator Holding Company Limited

Ratio Decidendi

The mortgage deed relied on by the claimants was not registered or stamped as required by law, rendering it ineffectual to convey any interest. There was no valid transfer of shares in Anator Holding Company Limited, as no written instrument, registration, or notification to the Registrar-General was effected. The judgment debtor, Alfred Agbesi Woyome, remains the owner of the companies and their assets. The execution process may proceed against the specified properties and assets.

Court Disposition

Application dismissed; execution to proceed

Orders

  • Execution to proceed in respect of House number 327/7, Kpehe, Accra and the plant and machinery including the quarry at Mafi Tswala
  • Application by the claimants is dismissed