The Commercial Division of the High Court in Accra has ordered the immediate restoration of Oxford No.1 Hotel to its owners after declaring its takeover on July 23 as being in breach of court rules.
According to the court, the purported possession of Oxford No.1 Hotel by the Receiver, Nii Amanor Dodoo, offends the rules of court and is therefore a nullity.
The presiding judge, Justice John Mark, on Friday, August 21, 2026, ordered Receiver Nii Amanor Dodoo to immediately hand over Oxford No.1 Hotel and all its assets to the company that owns the facility, Kensington Residential Partners 1 Limited.
The court further directed the Receiver to account for all documents, monies, and assets that came into his possession by virtue of the unlawful takeover within three days, under the supervision of the Registrar of the court.
The order followed an application filed by lawyers for Kensington Residential Partners 1 Limited, led by Bobby Banson, against Nii Amanor Dodoo, the Receiver, and Cola Holdings Limited, seeking to set aside the purported takeover on July 23, 2026.
The application, filed on July 24, a day after the takeover, sought an order setting aside the possession of Oxford No.1 Hotel by the respondents and an order for the respondents to hand over all assets of the applicant taken during the purported possession, which the court granted.
Court’s Reasoning
In his ruling, the court held that the takeover of the facility on July 23, two days after the High Court’s order, was in breach of the Court of Appeal Rules.
The court held that, per the rules, an automatic 7-day stay of execution is allowed by law for an aggrieved party to challenge a decision if it so wishes.
The court said the automatic 7-day period should have elapsed on July 28, after which the respondents could have executed the order if the applicant had not filed an appeal or a stay.
Therefore, despite being notified of the 7-day period, the Receiver entered the facility and took possession, an act the court described as being in breach of the Court of Appeal Rules.
The court said the Receiver shall remain off the property until a pending interlocutory application is heard and determined on October 20, 2026, by the substantive judge.
Background
Per the affidavit in support of the application, the applicant – Kensington Residential Partners 1 Limited, led by Bobby Banson, submitted that on July 21, 2026, the court delivered a ruling in the matter in favour of the respondents.
However, per the Court of Appeal Rules, there is an automatic seven-day stay of execution and proceedings of all decisions from the High Court which are appealable, irrespective of whether an application for stay of execution has been filed or not.
The applicant said, following the ruling on July 21, notice was given to the parties present in court, including counsel for the applicant, on the same day, such that the statutory stay of execution subsisted up to and including July 28, 2026.
It said, despite the statutory stay, on the third day of the seven-day period, July 23, 2026, the respondents went to Oxford No.1 Hotel and wrote on the walls that they had taken over possession of the hotel.
The applicant stated that on the same date, the respondents, in the company of officers from the Ghana Police Service, took possession of the hotel and asked all workers and guests who had checked in to leave.
The applicant argued that the actions of the respondents, carried out within the seven-day statutory stay, were an affront to the rules and practice of the court and ought not to be countenanced.
Under the circumstances, the applicant prayed the court to set aside all execution processes and the purported act of possession and to order the respondents to hand over all documents and assets back to the applicant.
The applicant submitted that the court ought to grant the application to preserve the integrity of civil proceedings and to affirm that the authority of the court and its officers cannot be subjected to the whims and caprices of litigants.
Respondents’ arguments
Lawyers for the respondents, led by Tsatsu Tsikata, opposed the application.
Mr. Tsikata argued that the takeover was lawful and in execution of a valid order of the court duly obtained on July 21, 2026, and that the Receiver acted within his mandate to preserve the assets of the company.
He submitted that the 7-day automatic stay under the Court of Appeal Rules did not apply to the ruling in question as it was an interlocutory order for preservation and not a final judgment susceptible to an automatic stay, and that the applicant had in any event not demonstrated any intention to appeal at the time of execution.
He further contended that the application was an abuse of process and an attempt to delay the legitimate enforcement of the court’s order, and urged the court to dismiss it and allow the Receiver to continue his work.
The court, however, disagreed with those submissions and held that the possession was in breach of the rules and was a nullity.
Tsatsu Tsikata, who is the lawyer for the Respondents – Nii Amanor Doodoo and Cola Holding Limited said he will appeal against tue ruling of the Court.
The Court also did not award cost.
Source: Starrfm.com.gh
