[1980]DLHC2129 • July 31, 1980 • High Court
GENERAL COLD INDUSTRY LIMITED. vs. STANDARD BANK GHANA LIMITED AND OTHERS
The plaintiff, General Cold Industry Ltd., a registered limited liability company, challenged the freezing and confiscation of assets by the government under legislative instruments that named a similarly named company 'General Cold Co., Ltd.' The defendants, including Standard Bank Ghana Ltd. and Bank of Ghana, acted on government directives to freeze accounts and transfer shares of companies listed in the decrees. The plaintiff contended that it was not the company named in the decrees and that the defendants wrongfully prevented it from operating its bank accounts.
read moreJUDGMENT OF TAYLOR J. The issues involved in this suit are in my respectful opinion quite simple and indeed straightforward. Affidavits however have been sworn to by the defendants the effect of which is to give an impression of complexity and to tend to create some confusion. It seems to me in the circumstance that if the facts which are admittedly not in dispute are kept constantly in mind then there will be no difficulty in searching for the legal principle which ought to be brought to play in deciding this action. The plaintiffs commenced this action against the first and second defendants by originating summons. The plaintiffs who are a limited liability company are called “General Cold Industry Ltd.” The name is very important and its very words are crucial to the determination of the issue which arises in this case. It is therefore very important at the very commencement of this judgment to note that, that name is the name which, in compliance with the statutory requirem...