Customer Support

BERNARD SAM
V.
REGISTRAR OF COMPANIES

(2014) JELR 66119 (CA)

Court of Appeal 30 Oct 2014 Ghana
BriefBot icon

BriefBot Summary

Free

- The case involves the dissolution of a company called Capricorn Development Company Limited. - The directors of the company wrote a letter to the Registrar of Companies requesting the cancellation of the company due to financial constrain

Case Details

Suit Number:SUIT NO. H1/42/2014
Judges:MARIAMA OWUSU J.A. (PRESIDING),V. D. OFOE J. A. ,GERTRUDE TORKORNOO J. A.
Counsel:S. K. AMOAH FOR APPLICANT/APPELLANT,D. A. SARPONG FOR RESPONDENT/RESPONDENT

JUDGMENT

GERTRUDE TORKORNOO, J. A.

When it comes to ending the operation of a company, one does not have the option of using many ways. From Sections 246 to 261, The Companies Code 1963 Act 179 and Bodies Corporate (Official Liquidations) Act, 1963 (Act 180) designate two main models for doing so. These are private or official liquidation and winding up. Departing from these models will cause invalidity of the process through infringement of statute. The case of the appellant is that on 19th August, 2011, the Directors of Capricorn Development Company Limited wrote to the Registrar of Companies stating that:

‘The directors of Capricorn Development Company Ltd. with effect from this day 22nd August, 2011 wish to cancel our ‘Capricorn Development Company ‘due to financial constraint and hope the Registrar of Companies will take action on it.’

With this request and nothing more, the office of the Registrar General proceeded ten (10) days later on 1st September, 2011 to issue a ‘NOTICE OF DIS…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.