BSIC GHANA LIMITED (PLAINTIFF) vs. MIDLANDS SAVINGS & LOANS LIMITED (DEFENDANT)

The instant motion seeks an order of the court to set aside a Petition filed by the Respondent for the official liquidation of the Applicant herein for reasons stated in the petition. After entering appearance to the process, the applicant filed a statement of defence. On the 15th March 2018, a process was filed for the matter to be set down for hearing. On the 11th June 2018, the applicant herein filed a motion similar to the instant application to set aside the petition for the official liquidation of the applicant. When the motion came to be heard on the 27thJune 2018, a preliminary objection was taken as to the propriety of the motion before the court. It was argued that the affidavit attached to the motion failed to disclose the party on whose behalf the affidavit was filed and did not also show whether or not the said affidavit was sworn and filed with the consent of the party to the case on whose behalf it was filed. Counsel for the applicant conceded the point in his response ...