[2023]DLCA15151March 23, 2023Court of Appeal

OMNIBSIC BANK GHANA LTD. vs. UNISECURITIES GHANA LTD AND HODA PROPERTIES LTD.

WELBOURNE, J.A This is an appeal against the ruling of the High Court dated 17th December, 2021. In this appeal the Plaintiff/Appellant will be known as Appellant and the Defendant/Respondent as 1st and 2nd Respondents. The Background The Plaintiff/Appellant began the suit against Unisecurities Ghana limited and 2nd Defendant/Respondent by issuing a writ of summons and accompanying statement of claim on the 3rd day of February, 2020. Subsequently, the 1st Defendant/Respondent was liquidated and Plaintiff sought leave from the Court below to pursue the action against 1st Defendant/Respondent. The court granted leave for the action to continue. (See pages 84A to 85D of the record) Whilst the matter was still pending, on 22nd October, 2020, a winding up order was made by the High Court (differently constituted) against 1st Respondent. Consequently, the Official Liquidator was substituted as 1st Respondent. Also, an application to proceed with the suit and to realize security...