Receiver Seeks Stay of Execution After Hotel Handover Order

The Receiver of the No.1 Oxford Street Hotel, Nii Amanor Dodoo, along with Cola Holdings Ltd, has lodged an appeal against a recent vacation court ruling. The court, presided over by Justice John-Mark Alifo, had previously overturned the Receiver's possession of the property and mandated its handover to Kensington Residential Partners 1 Ltd.

The appellants contend that the vacation court's decision contains clear errors. Their appeal asserts the ruling contradicts the Constitution and the Borrowers and Lenders Act of 2020 (Act 1052). Furthermore, they argue the court disregarded a binding decision previously made by the Court of Appeal.

According to the Receiver, the vacation court, operating as Commercial Court 2, lacked the proper jurisdiction for the case. An affidavit supporting the application for a stay of execution highlights a publication from the Judicial Service website indicating that cases from Commercial Court 6 should be handled by the vacation judge in Commercial Court 8. The affidavit characterizes the ruling as "unreasonable and irrational."

The appeal further argues that the decision would grant possession to a party that has not shown intent to repay the debt. It also contends that the ruling would reinstate conduct that the Borrowers and Lenders Act classifies as criminal. "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 affidavit states. The Receiver's counsel plans to challenge the judge's authority to hear the case as a preliminary matter, citing that his warrant as a vacation judge did not encompass suits from Commercial Court 6. The application for a stay of execution is scheduled for a hearing on October 16, 2026.

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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.