GANMENS CLINIC LTD
V.
ALBERT KOFI MENSAH

(2011) JELR 65606 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO:HI/48/11 ·  25 Nov 2011 ·  Ghana
CORAM
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Core Terms Beta
defendant
company
shares
plaintiff
dip.lng monika mensah offei
trial judge
learned trial judge
order
dip.ing monika mensah offei
legal effect
trial court
albert kofi mensah offei
limited liability company
plaintiff company
share
trial
additional grounds of appeal
companies act
director of the company
stated capital of the company
written submission
affairs of the company
alteration of the shareholding position of the parties
anesthesia machine of the plaintiff
case of the plaintiff
director of the plaintiff
d.lng monika mensah offei
empty form
equal shares
following findings of fact
john shaw
kumasi high court
landmark decision of the house of lords
laws of ghana
legal person
majority shareholder
majority shareholder of the plaintiff company
marriage contract
mutual agreement
own person
part of the decision of the trial court
plaintiff’s claim
purported altering of the share
return of the couple
said dip.lng monika mensah offei
stated capital of the plaintiff
supplementary address of counsel
threatened breach of duty
undisputed facts of the case
veritable legal mine-field

IRENE C DANQUAH JA

The Plaintiff, a Limited Liability Company incorporated under the laws of Ghana with its registered office at H/No.BE 813 Nkwontwima-Busuma, Kumasi, instituted this action per its Managing Directress, Dip.lng Monika Mensah Offei who is a shareholder and Director of the Company. The Defendant, Albert Kofi Mensah Offei is the other shareholder and Director of the Plaintiff’s Company. The Company’s authorized business is to run a clinic and health services.

The Plaintiff’s claim against the Defendant is for;

1. An order to compel the Defendant to open the laboratory and workshop and to return the anesthesia machine of the Plaintiff’s Clinic.

2. Damages for trespass.

3. Perpetual injunction restraining the Defendant from interfering with the smooth running of the Clinic.

The Defendant filed Notice of Appearance accompanied by a Statement of Defence which included a counterclaim for;

a. A declaration that the Defendant is an equal shareholder with Dip.lng Monika Mensah Offei in…

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