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BERTHA ANSAH DJAN
V.
PRYCE KOJO THOMPSON & ANOR

(2016) JELR 108449 (HC)

High Court 25 Nov 2016 Ghana
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- The court dismissed the plaintiff’s claim to sole ownership of Pergah Transport Ltd and upheld the 1st defendant’s counterclaim, finding that the plaintiff held the shares on resulting trust for the 1st defendant, who was deemed the benef

Case Details

Suit Number:SUIT NO. AC/99/2012
Judges:JUSTICE G. S. SUURBAAREH (JA)
Counsel:KWABENA ADU KUSI FOR THE PLAINTIFF GODFRED Y. DAME FOR THE 1ST DEFENDANT

J U D G M E N T 

The plaintiff, claiming that she is the sole owner of Pergah Transport Ltd  despite entries to the contrary in the records at the Registrar General’s  Department, instituted the present action seeking the following reliefs: - 

(a) A declaration that the plaintiff owns all the issued shares in  Pergah Transport Ltd; 

(b) A declaration that the 1st defendant is not a shareholder in  Pergah Transport Ltd; 

(c) An order directed at the 2nd defendant to expunge from the  records, the Deed of Transfer dated 1st January, 2004 and made between the plaintiff and the 1st defendant, and all  entries in its records showing the 1st defendant as holding  any of the issued shares in Pergah Transport Ltd.

 In support of the above reliefs, the plaintiff averred that she formed Pergah  Transport Ltd in 1999 as the sole shareholder. She went on to aver that in  2004, she entered into a deed of transfer with the 1st defendant whereby  Seventy percent (70%) of the shares in the company would …

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