The appeal follows a ruling by Justice John-Mark Alifo, who was sitting as a vacation judge
The Receiver overseeing the No. 1 Oxford Street Hotel, Nii Amanor Doodo, has appealed a High Court decision directing him to return possession of the property to Kensington Residential Partners 1 Limited, a company associated with businessman Nana Kwame Bediako, popularly known as Cheddar or Freedom Jacob Caesar.
Nii Doodo, acting on behalf of Cola Holdings Limited, has also filed an application seeking a stay of execution of the High Court’s order until the appeal is determined.
Cola Holdings is a partner company of Nana Kwame Bediako.
The appeal follows a ruling by Justice John-Mark Alifo, who was sitting as a vacation judge at the Commercial Court 2.
The judge overturned the Receiver’s possession of the hotel and ordered that the property be handed back to Kensington Residential Partners 1 Limited.
Court directs takeover of Cheddar's No 1 Oxford Street Hotel
However, the Receiver has challenged the decision, arguing that the court’s ruling was legally flawed and inconsistent with provisions of the Constitution and the Borrowers and Lenders Act, 2020 (Act 1052).
He further contends that the decision failed to take into account a previous binding ruling of the Court of Appeal.
In the Notice of Appeal, the Receiver also questions whether the vacation court that heard the case had the necessary jurisdiction to determine the matter.
According to his lawyers, the substantive case originated from Commercial Court 6 and should therefore have been assigned to the vacation judge sitting over Commercial Court 8 rather than Commercial Court 2.
The Receiver has consequently described the High Court’s decision as “unreasonable and irrational,” arguing that its effect is to return control of the hotel to a party that, in his view, has demonstrated no willingness to settle the outstanding debt.
He further argues that enforcing the ruling could potentially revive conduct that is regarded as criminal under the Borrowers and Lenders Act.
“It is, therefore, in the interest of justice that execution of the orders of His Lordship be stayed pending an appeal which stands a great chance of success,” the Receiver’s affidavit states.
Lawyers for the Receiver have also indicated that they intend to raise the jurisdictional issue as a preliminary matter.
Their argument is that Justice Alifo should not have heard and determined the case because his assignment as a vacation judge did not extend to matters originating from Commercial Court 6.
The application seeking to suspend the execution of the High Court’s order has been scheduled to be heard on October 16, 2026.
The outcome of that application will determine whether the order to return possession of the hotel will remain in force while the Receiver pursues his appeal.
Watch as court takes over Cheddar’s prime property on Osu Oxford street
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