OHENE-MENSAH vs. SUBIN TIMBERS LIMITED

The plaintiff had commenced an action for damages in negligence arising out of a road traffic accident against Subin Timbers Ltd before the promulgation of the Forfeiture of Assets and Transfer of Shares and Other Proprietary Interests (Subin Timbers Co. Ltd. and Central Logging and Sawmills Ltd.) Law, 1982 (P.N.D.C.L. 31). After the law vested all assets and bank accounts of Subin Timbers Co. Ltd. and Central Logging & Sawmills Ltd. in the State free from all encumbrances and amalgamated them into Western Timbers Ltd, a question arose whether the legislation extinguished or affected the pending tort action against the company. Portion of judgment: “The present proceedings before this court are to ascertain the amplitude of the said P.N.D.C.L. 31 and thereby determine whether this piece of legislation does in anyway affect a legal action for damages for negligence in a road traffic accident which had been filed against Subin Timbers Ltd. prior to the promulgation of the law.”

JUDGMENT OF TWUMASI J. In pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, a law was promulgated entitled Forfeiture of Assets and Transfer of Shares and Other Proprietary Interests (Subin Timbers Co., Ltd. and Central Logging and Sawmills Limited), 1982 (P.N.D.C.L. 31). Section 1 of the law provides that “All assets and bank accounts of Subin Timbers Company Limited and Central Logging & Sawmills Limited are hereby vested in the State free from all encumbrances whatsoever.” And section 7 provides that: “Subin Timbers Company Limited and Central Logging & Sawmills Limited shall hereafter be amalgamated and be known as Western Timbers Limited until the said name is further altered in accordance with the Companies Code, 1963 (Act 179).” The present proceedings before this court are to ascertain the amplitude of the said P.N.D.C.L. 31 and thereby determine whether this piece of legislation does in anyway affect a legal action for damag...