High Court reverses takeover of Cheddar’s Oxford No.1 Hotel
Court Orders Immediate Restoration
The Commercial Division of the High Court in Accra has ordered the immediate restoration of Oxford No.1 Hotel to its owners, Nana Kwame Bediako, popularly known as Cheddar or Freedom Jacob Caesar. The court ruled that the takeover of the hotel on July 23, 2026, was carried out in breach of the rules of court and was therefore a nullity.
Presiding judge, Justice John Mark, on Friday, August 21, ordered the Receiver, Nii Amanor Dodoo, to immediately hand over Oxford No.1 Hotel and all its assets to Kensington Residential Partners 1 Limited, the company that owns the facility. The court also directed the Receiver to account for all documents, monies and other assets that came into his possession as a result of the takeover within three days, under the supervision of the Registrar of the court.
Takeover Declared Unlawful
The ruling followed an application filed by lawyers for Kensington Residential Partners 1 Limited, led by Bobby Banson, against Nii Amanor Dodoo, the Receiver, and Cola Holdings Limited.
The application, filed on July 24, a day after the takeover, sought orders setting aside the purported possession of Oxford No.1 Hotel and compelling the respondents to return all assets taken from the facility. The court granted the application and ordered the restoration of the hotel and its assets to the applicant.
Court Cites Seven-Day Stay
In explaining its decision, the court held that the takeover on July 23 occurred within a mandatory seven-day stay of execution provided under the Court of Appeal Rules. The court noted that it had delivered its ruling on July 21 and that the seven-day period should have run until July 28. According to the court, the respondents could only have proceeded with execution after the expiry of that period, provided the applicant had not filed an appeal or an application for a stay of execution. The court therefore found that the Receiver’s decision to enter the facility and take possession on July 23, despite being notified of the statutory stay, breached the applicable court rules.
Receiver Barred Pending Further Hearing
The court further ordered that the Receiver remain off the property until a pending interlocutory application is heard and determined. That application is scheduled to be heard by the substantive judge on October 20, 2026.
The latest order effectively prevents the Receiver from exercising control over the hotel during the interim period.
How the Dispute Began
According to the affidavit supporting the application, Kensington Residential Partners 1 Limited said the High Court delivered a ruling on July 21, 2026, in favour of the respondents. However, the applicant argued that the Court of Appeal Rules automatically provided a seven-day stay of execution for appealable High Court decisions, regardless of whether an application for a stay had been filed.
The applicant said the parties, including its lawyers, were notified of the July 21 ruling on the same day. It therefore maintained that the statutory stay remained in force up to and including July 28.
Despite this, the respondents allegedly went to Oxford No.1 Hotel on July 23, the third day of the seven-day period, and wrote on the walls indicating that they had taken possession of the facility.
The applicant further stated that the respondents, accompanied by officers of the Ghana Police Service, took control of the hotel and asked workers and guests to leave.
Applicant Challenges Possession
Kensington Residential Partners 1 Limited argued that the actions of the respondents during the statutory stay violated the rules and practice of the court. The company therefore asked the court to set aside the execution processes and the purported possession of the hotel.
It also sought an order compelling the respondents to return all documents and assets taken during the takeover.
The applicant argued that granting the application was necessary to protect the integrity of civil proceedings and affirm that court orders and processes must be executed strictly in accordance with the law.
Respondents Defend Takeover
The respondents, represented by a legal team led by Tsatsu Tsikata, opposed the application. Mr. Tsikata argued that the takeover was lawful and was carried out pursuant to a valid court order issued on July 21. He maintained that the Receiver had acted within his mandate to preserve the assets of the company.
The respondents further argued that the seven-day automatic stay did not apply because the July 21 ruling was an interlocutory order for the preservation of assets rather than a final judgment susceptible to an automatic stay.
They also contended that the applicant had not demonstrated an intention to appeal at the time the takeover was carried out.
The respondents consequently urged the court to dismiss the application, describing it as an abuse of process intended to delay the legitimate enforcement of the court’s order.
Court Rejects Respondents’ Position
The court rejected the respondents’ arguments and held that the possession of Oxford No.1 Hotel on July 23 was carried out in breach of the applicable rules. It consequently declared the purported possession a nullity and ordered the immediate restoration of the facility and its assets to Kensington Residential Partners 1 Limited.
The court did not award costs.
Tsatsu Tsikata Announces Appeal
Following the ruling, Tsatsu Tsikata, counsel for Nii Amanor Dodoo and Cola Holdings Limited, indicated that the respondents would appeal the decision.
The latest ruling therefore sets the stage for another round of legal proceedings over the control and management of Oxford No.1 Hotel, while the substantive and interlocutory matters remain before the courts.
