Auxesia Energy, Kayode Alade, MR ERRol fight over $391,250

 February 27,2014. Page 71

The legal tussle over the ownership of $391,250 which has been paid into the coffers of the Judicial Service by UT Bank is getting more fascinating.

This is because three parties are laying claim to the same amount. They are Kayode Alade, Auxesia Energy Limited, from whose account the money was released and the latest to claim the money is MR ERRol, a vessel operating company.

Demands for the money

The first party to demand the release of the money was Leke Alade, who instituted an original writ of summons last year claiming ownership of the amount and subsequently instituting contempt proceedings against the Chief Executive Officer of UT Bank, Capt. Prince Kofi Amoabeng (rtd) and the Manager of Airport branch of UT Bank for refusing to obey a court order to release the money.

Extricating itself, the bank on February 13, 2014, paid the cedi equivalent of $391,250 into the coffers of the Judicial Service and attached receipt numbers to prove it had indeed paid the amount.

Auxesia Energy Limited

Following the payment of the amount, the court, presided over by Mr Justice John Ajet-Nasam, on February 19, 2014, acquitted Prince Amoabeng and his manager, Enrique Okomate, of contempt charges.

However, it declined to order the release of the money to Alade because there were other claimants to the amount.

Auxesia Energy Limited, from whose account the money was paid is praying the Financial Division of the High Court not to release the money to Alade because the company was not obligated to Alade.

But another energy company is also locking horns with the other parties on the grounds that it owned the oil vessel whose services had brought about the entire legal suit.

The court could not hear the matter yesterday because Auxesia Energy Limited has appointed a new lawyer to protect its interest in court.

Consequently, the court granted permission to the new solicitor, Mr Godfred Yeboah Dame, to have access to the record of proceedings and documents filed so far in the case.

Hearing has been adjourned to March 4, 2014.

 Auxesia Energy

Auxesia Energy Limited has filed a motion on notice to stay the execution of the court's December 20, 2013 order on the grounds that it had no contract or dealing with Alade.

Background

The lawyer for the Alade, Mr Charles Tetteh, on February 4, 2014, moved the motion for contempt, while counsel for the respondents, Mr Chris Archer, explained to the court that the account of Auxesia Energy was in debit. But such position was corrected by the bank in its subsequent applications.

According to the applicant (Alade), his company rendered services to Auxesia Energy and a cheque dated April 4,2013, was issued by Auxesia to the applicant’s company.

An affidavit in support of the applicant’s motion for contempt said EOCO froze the account of Auxesia Energy and secured a confirmation order to that effect from the court.

“Before the orders of the court suspending payment and freezing of the said account, the interested party which I represent as its designated person ashore (DPA) had rendered services to Auxesia Energy and issued with a cheque for payment," it said.

According to the applicant, his company could not access the account because it had been frozen and for that reason it applied to the court for a review of the freezing order and the subsequent payment of the money owed by Auxesia Energy.

 Court grants motion

Following the applicant’s request for a review of the court’s order, the court reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.

But the bank did not heed to the court’s orders immediately thereby resulting in the contempt motion.

 Auxesia denies claims

In the latest twist to events, Auxesia Energy Limited has denied the claims of the applicant.

According to the energy company, it rather had transactions with Earth Petroleum, which in turn had business dealings with Alade’s company.

The legal tussle over the ownership of $391,250 which has been paid into the coffers of the Judicial Service by UT Bank is getting more fascinating.

This is because three parties are laying claim to the same amount. They are Kayode Alade, Auxesia Energy Limited, from whose account the money was released and the latest to claim the money is MR ERRol, a vessel operating company.
Demands for the money
The first party to demand the release of the money was Leke Alade, who instituted an original writ of summons last year claiming ownership of the amount and subsequently instituting contempt proceedings against the Chief Executive Officer of UT Bank, Capt. Prince Kofi Amoabeng (rtd) and the Manager of Airport branch of UT Bank for refusing to obey a court order to release the money.
Extricating itself, the bank on February 13, 2014, paid the cedi equivalent of $391,250 into the coffers of the Judicial Service and attached receipt numbers to prove it had indeed paid the amount.

Auxesia Energy Limited
Following the payment of the amount, the court, presided over by Mr Justice John Ajet-Nasam, on February 19, 2014, acquitted Prince Amoabeng and his manager, Enrique Okomate, of contempt charges.
However, it declined to order the release of the money to Alade because there were other claimants to the amount.
Auxesia Energy Limited, from whose account the money was paid is praying the Financial Division of the High Court not to release the money to Alade because the company was not obligated to Alade.
But another energy company is also locking horns with the other parties on the grounds that it owned the oil vessel whose services had brought about the entire legal suit.
The court could not hear the matter yesterday because Auxesia Energy Limited has appointed a new lawyer to protect its interest in court.
Consequently, the court granted permission to the new solicitor, Mr Godfred Yeboah Dame, to have access to the record of proceedings and documents filed so far in the case.
Hearing has been adjourned to March 4, 2014.

Auxesia Energy 
Auxesia Energy Limited has filed a motion on notice to stay the execution of the court's December 20, 2013 order on the grounds that it had no contract or dealing with Alade.

Background
The lawyer for the Alade, Mr Charles Tetteh, on February 4, 2014, moved the motion for contempt, while counsel for the respondents, Mr Chris Archer, explained to the court that the account of Auxesia Energy was in debit. But such position was corrected by the bank in its subsequent applications.
According to the applicant (Alade), his company rendered services to Auxesia Energy and a cheque dated April 4,2013, was issued by Auxesia to the applicant’s company.
An affidavit in support of the applicant’s motion for contempt said EOCO froze the account of Auxesia Energy and secured a confirmation order to that effect from the court.
“Before the orders of the court suspending payment and freezing of the said account, the interested party which I represent as its designated person ashore (DPA) had rendered services to Auxesia Energy and issued with a cheque for payment," it said.
According to the applicant, his company could not access the account because it had been frozen and for that reason it applied to the court for a review of the freezing order and the subsequent payment of the money owed by Auxesia Energy.

Court grants motion
Following the applicant’s request for a review of the court’s order, the court reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.
But the bank did not heed to the court’s orders immediately thereby resulting in the contempt motion.

Auxesia denies claims
In the latest twist to events, Auxesia Energy Limited has denied the claims of the applicant.
According to the energy company, it rather had transactions with Earth Petroleum, which in turn had business dealings with Alade’s company.

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