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DOLPHYNE
V.
SPEEDLINE STEVEDORING & CO LTD AND ANOTHER

(1993) JELR 69446 (CA)

Court of Appeal 14 Jan 1993 Ghana
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- The Court of Appeal set aside the trial court’s orders making the plaintiff a director and member of the company, holding such reliefs cannot be granted against an individual shareholder where the company is not a party, and the evidence

Case Details

Judges:AMPIAH JA, KPEGAH JA, ADJABENG JA
Counsel:E D KOM (WITH HIM CHARLES HAYIBOR AND MRS SYLVIA CUDJOE) FOR THE APPELLANT; AFARI YEBOAH FOR THE RESPONDENTS.

KPEGAH JA.

This is an appeal against the judgment of his Honour Antwi, sitting at the circuit court, Sekondi.

According to the plaintiff he and one R S Oduro, PW1, conceived an idea to form a stevedoring company. This was when they were both working with Atlantic Port Services, another stevedoring company. Those who were to join them in the promotion of the company were Dr De-graft Dickson, Mr F N Arthur and a Madam Dade, the wife of the 2nd defendant and Mr Brenya. The said Madam Dade could not attend the preliminary meeting called for the purpose because she was sick and had to be represented by the 2nd defendant, her husband.

The plaintiff said he objected to the 2nd defendant being a member of the proposed company but he was persuaded by Mr Oduro to accept him as the secretary of the proposed company. To this, he agreed. Being the only promoter with any stevedoring qualification, the plaintiff said he was authorised to enter into certain pre-incorporation contracts and acquire certa…

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