The Commercial Division of the High Court in Accra has granted permission for police to assist a court-appointed Receiver in taking possession of No. 1 Oxford Street Hotel in Osu, a property linked to businessman Nana Kwame Bediako, popularly known as Cheddar.
The ruling, delivered by Justice Samuel Faraday Johnson on July 21, allows UK-based Cola Holdings Limited and its appointed Receiver, Nii Amanor Dodoo, to take control of the hotel after they told the court they had been unable to gain possession of the property peacefully.
The application was opposed by Kensington Residential Partners 1 Limited, through one of its directors, Mr. Bediako. However, the court ruled that Cola Holdings had legally registered its security interest over the property and had obtained the necessary approval to enforce it. The judge also held that under the Borrowers and Lenders Act, 2020 (Act 1052), the company was entitled to seek police assistance after facing resistance in taking possession of the property.
The court further ruled that Kensington Residential Partners 1 Limited did not provide enough evidence to justify refusing the application. It therefore granted a warrant authorising the police to assist the Receiver in taking control of the hotel so the company can recover the debt secured against the property.
The court clarified that the ruling relates only to the Receiver’s request for police assistance and does not decide the wider legal dispute between the parties. The case is part of an ongoing disagreement over the enforcement of a security interest linked to the hotel.
Earlier this year, Mr. Bediako said he disputed the debt and had instructed his lawyers to challenge the enforcement of a judgment from the High Court of England and Wales in the Ghanaian courts. He also indicated that he had appealed an earlier High Court decision and would continue to pursue all available legal options.
Ghana|Atinkaonline.com