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AGRICARE COMPANY LIMITED
V.
CHICKS & CHICKEN SERVICES LIMITED AND ANOR

(2019) JELR 64379 (HC)

High Court 18 Jan 2019 Ghana
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- The case discusses the principle of corporate personality, which recognizes that a company is a separate legal entity from its shareholders, directors, and officers. - The court refers to the landmark case of Salomon v. Salomon [1897] AC

Case Details

Suit Number:SUIT NO. OCC 30/2019
Judges:DR. RICHMOND OSEI-HWERE J
Counsel:FRANCISCA ADJO AYIVOR FOR HENRY ASANTE FOR PLAINTIFF/RESPONDENT ,LESLEY AMEDIOR FOR MICHAEL GYAN OWUSU FOR THE 2ND DEF/APPLICANT

RULING

OSEI-HWERE J.

The incorporation of a company has many advantages, chiefly among them is the separate legal entity status bestowed upon the company. This advantage is a creation of law and has limited the liability of those who incorporate and manage the company’s affairs. It is, therefore, axiomatic to state that a company is a legal entity distinct from its members. Hence it is capable of enjoying rights and of being subject to duties which are not the same as those enjoyed or borne by its members i.e. the shareholders, directors and officers of the company. This fundamental principle of corporate personality and its distinctiveness from its members was first espoused in the celebrated case of Salomon v. Salomon [1897] AC 22 where Lord Macnaghten held:

"The company is at law a different person altogether from the [shareholders]...; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same ha…

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