General News of 2013-12-17

Judgement debt saga: AG moves to seize Isofoton assets

The Attorney General’s department has obtained an order of Substituted Service on Spanish company, Isofoton SA from the High Court after it representative refused to enter an appearance,officials have confirmed.
A Substituted Service means that documents of the court summoning an individual or a group of people could be left with a designated agent with another adult in the recipient's home.
It could also be left with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.
Isofoton is represented in Ghana by Mr Anane-Agyei Forson.
The court’s decision is in pursuant of an order by the Supreme Court in June for Isofoton to refund an amount of US$325,472.00 which was illegally paid to it in the name of judgment debt.
Per the ruling, Isofoton SA has up to eight days, including the day of service to enter an appearance or risk losing its assets as the court may deem fit.
Former Attorney General, Martin Amidu who was dismissed for alleged misconduct, filed a suit against the Attorney General, Isofoton SA and Mr Anane-Adjei Forson in the Supreme Court.
Isofoton were seeking in excess of 1.3 million judgement debt over claims their contract to execute a rural solar electrification project in 2006 was wrongfully terminated by the erstwhile Kufuor administration and rewarded to another Spanish company, Elcenor.
However, the government under the late President Mills paid part of the claims by Isofoton following a default judgement the company secured at the High Court at the time.
But Mr Amidu in his writ argued that the company had no valid contract, approved by Parliament to be making such claims.
The AG’s department in November this year moved a motion for Substituted Service after several attempts to reach the company or its local representatives proved futile.
Click Here for Order for Substituted Service
Click Here for Application for order for Substituted Service
Click Here for Writ of Summons