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CFC CONSTRUCTION
V.
RANSOM DIVINE ATTITSOGBE

(2006) JELR 92070 (SC)

Supreme Court 8 Mar 2006 Ghana
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- The Supreme Court of Ghana affirmed the setting aside of a share transfer procured from an elderly, infirm widow to her fiduciary on the grounds of both presumed undue influence and unconscionable bargain, given her special disability and

Case Details

Suit Number:CIVIL APPEAL NO. J4/21/2004
Judges:AKUFFO (MS), J.S.C. (PRESIDING) ,DR. TWUM, J.S.C. , DR. DATE-BAH, J.S.C. , PROF. OCRAN, J.S.C. , ANINAKWA, J.S.C.
Counsel:No appearance for Respondent. Mr. Hukportie for the Appellant
Other Citations:(2006) JELR 92091 (SC)

J U D G M E N T

DR. DATE-BAH, J.S.C:  This is the unanimous judgment of the Court. This case raises issues regarding inequality in bargaining power and the legal consequences flowing from such inequality. The second plaintiff is the widow of the original owner of the first plaintiff.    She claimed to be currently the sole shareholder and a director of the first plaintiff, a construction company.  By April 1986, she was “old and weak” by the admission of the defendant (in his counterclaim).  The evidence at the trial showed that she was 76 years old in 1986.  The defendant contended that he also owned shares in the first plaintiff and had been duly appointed, and remained, a director of the first plaintiff.  The testimony of the second plaintiff revealed that she first met the defendant when he came to visit her husband, a friend of his, in hospital during his terminal illness.  After her husband’s death, the defendant offered his services as one who could generate business for the fir…

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