MELVILLE ENTERPRISE (PLAINTIFF) vs. THE 10,000 METRIC TONNES & 2 ORS (DEFENDANTS)

The instant application seeks an order to “stay proceedings against 1st defendant/Judgment/debtor pursuant to section 128 of Act 930”. The Court wishes to state that the 1st defendant in the case is not UT Bank Ghana Limited which the applicant claims is in receivership and that the applicant is the receiver. The 1st defendant at all material times is The 10,000 Metric Tonnes of cargo of Crude Oil, then laden on board the MT Olympic faith. The said receivers have therefore no right or capacity to represent the 1st defendant in this matter. Further to the above the 1st defendant has not been served with any hearing notice or order to appear in this matter for examination. During the hearing of this case, an order was made by the court for the sale of the 1st defendant with a further order that part of the proceeds be kept by the Registrar of the court who shall invest same in an interest yielding account for the benefit of the victorious party. The Registrar invested the money ...