Cheddar's No. 1 Oxford Street Hotel: High Court clears way for receiver to take possession

A High Court in Accra has authorised a court-appointed receiver to take possession of businessman and former presidential candidate Nana Kwame Bediako's luxury No. 1 Oxford Street Hotel, marking a significant development in a multimillion-dollar legal dispute over an alleged debt.

The Commercial Division of the High Court on Tuesday granted a warrant of police assistance to UK-based Cola Holdings Limited and its appointed receiver in Ghana, Nii Amanor Dodoo, after they told the court they had been unable to gain possession of the property peacefully.

The ruling allows the receiver, with police support if necessary, to take control of the landmark hotel in Osu as part of efforts to enforce a security interest registered over the property.

The hotel, one of Accra's most recognisable luxury developments, is owned by Kensington Residential Partners 1 Limited, where Mr Bediako—widely known as Cheddar—serves as a director.

Justice Samuel Faraday Johnson ruled that Cola Holdings had properly registered its security interest at Ghana's Collateral Registry and had obtained the required Memorandum of No Objection to enforce that security.

The judge further held that under Ghana's Borrowers and Lenders Act, 2020 (Act 1052), the company was entitled to seek police assistance after failing to obtain possession of the property without resistance.

The court rejected objections filed on behalf of Kensington Residential Partners 1 Limited, finding that the company had not presented sufficient evidence to justify refusing the application.

Importantly, the ruling relates only to the receiver's request for police assistance and does not determine the broader dispute over the alleged debt or ownership of the property.

Long-running legal battle

The latest decision is the newest chapter in an ongoing legal battle between Cola Holdings Limited and Kensington Residential Partners 1 Limited.

Court documents indicate that Cola Holdings appointed Mr Dodoo as receiver after initiating steps to enforce its security over the hotel.

The dispute is linked to earlier proceedings concerning the enforcement in Ghana of a judgment issued by the

High Court of England and Wales in favour of the UK-based company.

In January, Mr Bediako publicly rejected claims that he was liable under that judgment, saying he had instructed his legal team to challenge its enforcement in the Ghanaian courts.

The businessman argued that the transaction in question related to financing obtained by Kensington Residential Partners 1 Limited from the International Finance Corporation and maintained that he would pursue all available legal avenues, including an appeal against an earlier High Court decision allowing registration of the foreign judgment.

Those proceedings remain before the courts.

What the ruling means

The High Court's latest order does not settle the underlying financial dispute between the parties.

Instead, it grants the receiver legal authority, backed by police assistance if required, to take possession of the No. 1 Oxford Street Hotel so that the security interest can be realised in accordance with Ghanaian law.

Lawyers representing Cola Holdings and the receiver argued that enforcement had been frustrated because possession could not be obtained voluntarily.

Counsel for Kensington Residential Partners opposed the application, but the court ultimately ruled in favour of the receiver.

The broader dispute, including pending appeals and any questions relating to liability under the foreign judgment, will be determined in separate legal proceedings.

For now, one of Ghana's most prominent luxury hotels has become the centrepiece of a high-profile cross-border debt battle, with the courts clearing the way for its takeover while the substantive legal fight continues.