Court purges liquidator of contempt charge

Fri, 21 Sep 2007 Source: GNA

Accra, Sept. 21, GNA - The Official Liquidator of Ghana Airways on Friday was purged of a contempt tag on him when he appeared before an Accra Fast Track High Court (Commercial Division).

The Court noted that he had obeyed its orders by removing Military and Police personnel from the premises of Flight Services Limited Nana Ohene Obeng, a Deputy Registrar General and Mr Justine Amenuvor, a lawyer represented the Official Liquidator; Ms Silvia Adusu represented the Attorney-General.

Ms Adusu told the court presided over by Mrs Justice Gertrude Torkenu that they had repeated a Stay of Execution at the Court of Appeal. She contended that there were no military or police personnel on the premises of Flight Services Limited (FSL).

Mr Eric Atieku, who represented FSL, however, maintained that as at 1500 hours on Thursday, there were military and police personnel on the premises adding; "there was someone who was acting as the Chief Executive Officer".

Mr Atieku said it was erroneous for the Defendants to think that once a stay of execution was filed, they could go ahead and defy the orders of the court.

Parties are expected to go for arbitration by November 2007. On Thursday, the court ordered the Official Liquidator of Ghana Airways, Mr H. A. L. Harlley to appear before it on Friday to explain why he should not be committed to prison for contempt of court. This was after the Liquidator's representatives had appeared before the court to seek an order of stay of execution in the matter of the Flight Services Limited versus the Official Liquidator. The Liquidator was appointed to sell off the assets of Ghana Airways, when the Government decided to liquidate the Airways. One of the assets of the now defunct Ghana Airways was a company called Airways Catering Limited (ACL). The Liquidator, therefore, sold ACL to a company called Flight Services Limited (FSL) and received part payment of four million dollars.

The Liquidator, using armed policemen, went back and repossessed ACL. FSL went to court, the Commercial Division, and won a judgement against the Official Liquidator. The Official Liquidator was ordered to leave the premises of ACL within 24 hours, but the Liquidator disobeyed the order.

Yesterday (Thursday) the same Liquidator went to court to ask the court to stay its own order, but the court dismissed it, noting that, the Liquidator was in total contempt and ordered the Liquidator to leave the premises of ACL by 1500 hours on Thursday.

The court ordered further that the Liquidator appeared in court on Friday (today) to confirm obeying the order, or face jail term. 21 Sept. 07

Source: GNA