REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE APPIAH AND OTHERS

The case concerns the administration of the estate of the late Kofi Safo, who died on 22 April 1998. His wife, Mrs. Grace Safo (first plaintiff), and his brother, Elvis Appiah (first defendant), were appointed administrators of the estate. The estate included a property and shares in Lims Co Ltd, a limited liability company incorporated solely by the deceased. A dispute arose over whether the company’s assets formed part of the estate and the ownership of shares, with the defendants claiming the deceased held shares in trust for them. The plaintiffs sought interim injunctions to manage the estate and company assets, leading to orders by the High Court appointing a manager and receiver, restraining commercial activities, and protecting estate assets.

JUDGEMENT Ampiah JSC. Delivered the ruling of the court. In this application, the applicants seek an order of certiorari to have brought to this court for the purpose of having it quashed, a ruling of the High Court, Accra wherein the court had made the following orders: “(a) An order appointing a chief registrar of this court manager and receiver in respect of house No D 767/4 Beach Avenue, Okaishie who shall among others investigate and submit a provisional report on all physical assets in the said property and terms of all tenancies or leases or occupancy of shop rooms in the property. (b) An order that the second defendant cease commercial activity forthwith and that the director thereof invite the auditors to take stock of the company’s assets and liabilities and that the resultant report be presented to the court, through the registrar of the court. (c) An order restoring the maintenance of the plaintiffs specified in paragraph (9) of the plaintiffs’ statemen...