High Court grants police assistance order for Receiver to take possession of Cheddar's No. 1 Oxford Street Hotel

Cola Holdings Limited and its appointed Receiver, Nii Amanor Dodoo, were granted a warrant of police assistance by the Commercial Division of the High Court in Accra on July 21, to take possession of No. 1 Oxford Street Hotel in Osu, Accra. The order was made by Justice Samuel Faraday Johnson after Cola Holdings and the Receiver informed the court that they had been unable to obtain possession of the property peacefully.

Kensington Residential Partners 1 Limited opposed the application through one of its directors, Nana Kwame Bediako (alias Cheddar), but the court dismissed the grounds advanced in opposition. The court held that Cola Holdings had registered its security interest over the property at the Collateral Registry and had obtained a Memorandum of No Objection to realise its security. Justice Faraday Johnson further held that, under the Borrowers and Lenders Act, 2020 (Act 1052), the company was entitled to seek police assistance after it was unable to obtain possession of the property without resistance. The court also found that Kensington Residential Partners 1 Limited had not placed sufficient evidence before it to justify refusing the application. Tsatsu Tsikata and Tata Kosi Foliba represented Cola Holdings and the Receiver, while Bobby Banson and Isaac Akerefie-Mensah appeared for Kensington Residential Partners 1 Limited.