In today’s Friday read we will be discussing the essence of receivership under Ghanaian law.
Under Ghanaian law, Receivership is a legal procedure where a licensed insolvency practitioner, appointed by the Registrar of Companies as a Receiver, is authorized to take over the management and control of a company’s assets and affairs to discharge the properties in order to protect the interest of the creditors or any person claiming an interest in the property of a company undergoing liquidation. This is usually done when a company is unable to meet its debt obligations or is in financial distress.
It is important to note that the essence of receivership is to provide a means for creditors to recover their debts without having to go through lengthy court proceedings. It is an important tool for creditors to exercise their rights and enforce their claims against a debtor company.

Often times, we hear people say: I have been dismissed from work or My boss has terminated my contract of employment. Have you ever taken a second to ponder over the difference between these two terms?
Well, worry no more! In today’s Friday read, we are going to highlight on some differences between termination and dismissal.
In Ghana, Employee/Employer relationship is primarily governed by the Labour Act 2003, (“Act 651”).
The law requires that the employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year should be secured by a written contract of employment.
For starters, termination and dismissal are two separate concepts under Ghanaian labour law.
Termination refers to a situation where an employee’s employment comes to an end through no fault of his or hers. Thus, an employee’s contract of employment can be terminated on various grounds including mutual agreement between the employer and employee. The employment relationship may also be terminated by the worker on grounds of sexual harassment and death of a worker. The law places no obligation on the parties to give reasons when terminating the employment relationship.
The termination of an employee contract of employment can either be fair or unfair depending on the manner such termination was carried out.
Dismissal on the other hand is where an employee’s appointment is truncated based on his/her behaviour. Some of the acts that can trigger the dismissal of an employee include fraud, stealing, extortion, corruption and bribery.
A dismissal is usually punitive as the employee may lose most/all of his benefits. It is most often based on the behaviour of the employee and not based on mutual understanding between the employer and employee as may be the case in termination.
In summary, the word dismissal and termination are distinct, separate and have different legal implications.

Did you know that the courts in Ghana recognize the concept of trust? Well, lets take a look at Mr. A’s story. Mr. A, a wealthy man, wanted to protect his estate for his family’s financial future. He learned about the concept of trust, where he could place his assets under the control of a trustee for the benefit of his family members, who are called beneficiaries. Mr. A sought legal advice to ensure the trust would be properly constituted. The lawyer advised that all necessary elements; that is, three certainties: certainty of intention, certainty of subject matter, and certainty of object; must be present to create a valid trust. Mr. A clearly stated that his friend, Mr. B, should be the trustee, he also described the property which was to be transferred to his children and grandchildren as beneficiaries, thus the trust was vested in the trustee (Mr. B) for the benefit of the beneficiaries.
From that day forward, Mr. A was at peace knowing that his family’s financial future was secure. The concept of trust gave him the peace of mind he needed, and he was grateful for the legal system that recognized and applied this principle to protect his assets and his family’s interests.
Learning from Mr. A’s story, it is important to make sure that all three elements are present in order to create a valid trust

In today’s Friday Read we will be discussing Fi Fa proceedings in Ghana.
Fi Fa also known as Writ of Fieri Facias. Fi Fa proceedings refere to the process of enforcing a court judgment. In Ghana, Fi Fa proceedings are used to enforce a judgement by ordering the seizure and sale of the property of the judgment debtor to satisfy the outstanding debt. It is often initiated by the judgment creditor, who obtains a writ of Fi Fa from the court. This writ is then directed to a sheriff or bailiff who carries out the seizure and sale process.
The Fi Fa proceedings allow the creditor to recover the debt owed through the forced sale of the debtor’s assets, such as land, vehicles, or other valuable personal property. The sale proceeds are then used to pay off the outstanding debt, including any accrued interests or costs associated with the proceedings.
Here are the key points regarding Fi Fa proceedings in Ghana:

• The right to seize property by way of Fi Fa ceases after payment in full
• In carrying out his duty of execution, a sheriff is not the agent of the judgment creditor;
• Liability lies on the sheriff in wrongful seizure of goods

Obtaining a Court judgment is not the final step in the legal process. Enforcing that court judgment can sometimes be a separate and challenging process.
Here’s the twist: just getting the judgment does not mean everything is settled. Sometimes, the person who loses the case might not want to pay the money they owe or follow the orders the Court has given.
So, the person who wins the case has to take extra steps to make sure the judgment is enforced. They have to find ways to get the money they were owed or make the defaulting party adhere to what they are supposed to do.
In Ghana, there are several ways of enforcing a judgment of court.
One way is “Garnishee Proceedings” which means taking money that the Judgement Debtor (losing party) was supposed to receive from a third party, like their employer or bank, and giving it to the Judgement Creditor (victorious party) to pay off the debt owed by the Judgment Debtor.
Another way is using a “Writ of Fieri Facias.” This fancy term means taking the losing person’s stuff, like their things or property, and selling them to get the money needed to pay off the debt owed.
Sometimes, the court would even appoint special people called “Receivers” to collect the money the losing person makes from their business. The Receivers would use that money to satisfy the judgment debt and make things right.
But here’s the important part: enforcing a court judgment isn’t always easy. Sometimes the losing person doesn’t have much money or valuable things. In a situation such as this, the person who wins the case has to think of other ways to use to get their money or enforce their judgement.
So, if you ever find yourself in a situation where you are victorious in a court case but have difficulty enforcing the judgement, remember to consult a lawyer. A lawyer will help you understand the specific steps to take and advise you on options available to enforce your procured court judgment.