An Accra High Court has dismissed an application filed by businessman and politician Nana Kwame Bediako, seeking to restrain Cola Holdings Limited from enforcing an English High Court judgment against him. The ruling, delivered by Justice Mrs. Awuah Dabanka-Bekoe, paves the way for the company to pursue the recovery of over $14.9 million. In addition to dismissing the injunction bid, the court awarded costs of GH¢20,000 against Bediako, marking a significant legal setback in his efforts to block the debt's collection within Ghana.
The legal dispute originates from an English High Court judgment dated January 23, 2025, which mandated Bediako to pay the multi-million dollar sum to Cola Holdings. The financial obligation is tied to a Deed of Indemnity concerning a loan facility provided by the International Finance Corporation (IFC). Cola Holdings acted as a guarantor for the loan, and following a default, Bediako became liable under the indemnity agreement. To facilitate recovery, the foreign judgment was formally registered in the Ghanaian judicial system on May 20, 2025.
This latest ruling follows a series of unsuccessful legal maneuvers by Bediako to contest the debt. He had previously applied to the High Court to set aside the registration of the English judgment, but that application was denied. The current request for an injunction was an attempt to halt enforcement actions by Cola Holdings while Bediako pursued an appeal against the earlier decision. However, the court's refusal to grant the injunction suggests that the enforcement process can proceed despite the pending appeal.
The case underscores the rigorous application of commercial law and the enforcement of cross-border judicial decisions in Ghana. For Nana Kwame Bediako, the dismissal intensifies the pressure of a substantial $14.9 million liability. With the legal stay removed, Cola Holdings is now empowered to move forward with the execution of the judgment, which may involve the attachment of assets or other recovery mechanisms to satisfy the outstanding debt.
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