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ALWAN HITTI
V.
DURAPLAST LTD & ANOR

(2020) JELR 114450 (HC)

High Court 16 Oct 2020 Ghana
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- Applicants Caroline Akl and Alwan Hitti sought an injunction to restrain the holding of an Extraordinary General Meeting (EGM) of Duraplast Limited on 7 July 2020, citing alleged noncompliance with Sections 218, 219, and particularly 299

Case Details

Suit Number:CM/MISC/0902/2020
Judges:CONSTANT K. HOMETOWU, J
Counsel:THADDEUS SORY ESQ., FOR THE APPLICANT (CAROLINE AKL) VICTORIA BARTH ESQ., FOR THE RESPONDENTS (MIREILLE HITTI AND DURAPLAST LTD) NANIA OWUSU ANKOMAH ESQ., FOR THE APPLICANT (ALWAN HITTI)
Location:Accra

RULING

The matter before the Court is an Application for an order for Injunction restraining the holding of the Extraordinary General Meeting of Shareholders of Duraplast Limited on 7th July, 2020 pursuant to Sections 218 and 219 of the Companies Act (2019) Act 882.  This Application was filed by one Caroline Akl on 2nd July, 2020.

Again, 3rd July, 2020, a similar motion was filed, this time by Alwan Hitti, seeking the same relief–an injunction restraining the holding of the Extraordinary General Meeting of the Shareholders of Duraplast Limited on 7th July, 2020.

Both applications seek to enforce the mandatory statutory provision of Act 992 by ensuring full compliance of the Companies Act, particularly Section 299 thereof. Given that both applications seek the same relief against the same Respondents, namely Mireille Hitti and Duraplast Limited, I decided to consolidate them and deliver one ruling.

On 28th July, 2020, when the motions were to be moved, Counsel for the 2nd Respondent (Mire…

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