Court orders Nduom to ‘properly’ serve Receiver of GN Savings

Court orders Nduom to ‘properly’ serve Receiver of GN Savings
Source: Ghana | Ebenezer Sabutey | JoyBusiness
Date: 19-09-2019 Time: 09:09:07:pm

An Accra High Court has directed lawyers of Groupe Nduom to properly serve the Receiver of GN Savings and Loans.

 According to the court, the manner in which the suit was served was wrongly done.

The Court presided over by Justice George Komson ordered that the application in its current form cannot be heard because the fourth defendant which is GN Savings and loans is in receivership and must, therefore, be reflected.

Earlier, the lawyer for the Receiver, Philip Addison objected that even though his client is supposed to be part of the case, he has not been served appropriately. 

This compelled the lawyer for Dr Papa Kwesi Nduom, Justice Srem Sai to challenge the argument and indicated that the recipient acted on behalf of the Receiver of GN Savings and Loans, Eric Nana Nipa. The court, therefore, ordered the Plaintiff to amend his application to reflect the current status of GN savings and loans limited. 

According to Justice Komson, “since GN savings and loans is in receivership, it is prudent to amend the application to be fair”.

Lawyers for Dr Nduom filed a motion of notice for an order of interlocutory injunction at an Accra High Court to stop the Bank of Ghana (1st respondent), the Minister of Finance (2nd respondent), the Attorney General (3rd respondent) and GN Savings and Loans – Acting by Eric Nana Nipah as Receiver (4th respondent) from going ahead with the liquidation process.

Dr Nduom is asking the court to make an order of interlocutory injunction:

1. Directing the 1st Respondent or its agents, privies, assigns or workmen however described (and including the said Messers Eric Nana Nipah, Receiver) to, forthwith, restore the 4th Respondent to its specialised deposit-taking licence pending the determination of the originating motion; and

2. Restraining the 1st Respondent or its agents, privies, assigns or workmen however described (and including the said Messers Eric Nana Nipah, Receiver), from further interfering, directly or indirectly, with the rights of the 4th Respondent’s shareholders, directors and management to possession, management and control of the 4th claim in the originating motion.

 The case has been adjourned to 24th September, 2019.