The Commercial Division of the High Court in Accra has granted a warrant of police assistance to UK-based Cola Holdings Limited and its appointed Receiver, Nii Amanor Dodoo. This order allows them to take possession of the No. 1 Oxford Street Hotel in Osu, Accra. The court's decision, issued by Justice Samuel Faraday Johnson on July 21, follows an application by Cola Holdings and the Receiver after they reported being unable to obtain peaceful possession of the property.
This development stems from an ongoing legal dispute where Cola Holdings seeks to enforce a security interest over the hotel. Kensington Residential Partners 1 Limited, represented by director Nana Kwame Bediako (also known as Cheddar), opposed the application. However, the court dismissed their grounds for opposition, paving the way for the enforcement action.
The ruling highlights the legal framework governing security interests and debt recovery in Ghana. Cola Holdings had registered its security interest at the Collateral Registry and obtained a Memorandum of No Objection to realise its security. This process is crucial for lenders to protect their investments and recover assets when borrowers default on their obligations. The case underscores the importance of adhering to the Borrowers and Lenders Act, 2020 (Act 1052), which provides mechanisms for creditors to seek police assistance when facing resistance in taking possession of secured properties.
Justice Faraday Johnson stated that under the Borrowers and Lenders Act, 2020 (Act 1052), Cola Holdings was entitled to seek police assistance. This was after the company could not obtain possession of the property without resistance. The court also found that Kensington Residential Partners 1 Limited did not provide sufficient evidence 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.
This order specifically addresses the application for police assistance and does not resolve other potential issues or claims between the parties. It is a significant step in the enforcement of a judgment from the High Court of England and Wales involving Cola Holdings Limited. Mr. Dodoo was appointed Receiver by Cola Holdings under the Borrowers and Lenders Act after the company initiated steps to realise its security over the property.
In January 2026, Mr. Bediako publicly disputed liability under the judgment. He stated his intention to challenge its enforcement through the Ghanaian courts. He claimed the transaction related to a facility obtained by Kensington Residential Partners 1 Limited from the International Finance Corporation. Mr. Bediako also mentioned appealing a High Court decision concerning the registration of the foreign judgment. This indicates a protracted legal battle, with further proceedings likely as both parties pursue their legal remedies.
The outcome of this case will be closely watched by investors and financial institutions. It demonstrates the Ghanaian legal system's commitment to upholding contractual obligations and enforcing security interests. This enforcement action could influence future lending practices and investor confidence in Ghana's real estate and financial sectors. The ability of creditors to effectively recover assets is vital for maintaining a stable and predictable business environment.
The legal dispute's resolution will have implications for the ownership and operation of a prominent hotel in Accra. It also highlights the complexities of cross-border debt enforcement. The case serves as a reminder of the importance of due diligence and robust legal frameworks in commercial transactions. Further legal challenges are anticipated as the parties continue to navigate the intricacies of the Ghanaian judicial system.