Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



HANNAH ASANTE AND FRANCIS ASANTE
V.
KWADJO ASANTE CONTRACT LIMITED AND OTHERS

(2018) JELR 69563 (HC)    
High Court  ·  CIVIL APPEAL NO.MISC/0096/2017 ·  9 Feb 2018 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
applicants
respondent company
court
companies act
person
legal personal representative
meeting of the company
good reason
instant matter
opinion of the court
general meeting of the members
jurisdiction of the court
members of a company
order of perpetual injunction
regulations of the company
bankruptcy of the holder
breach of sections
case of a share
company secretary
convening of a board of directors meeting
court holds
entry of the names
operation of a new bank account
ownership of a share
reason of that person
registered holder
registration of that person
burdensome conduct
court finds
evidence of oppressive conduct
exhibit a
exhibit b
exhibit c shows
following reliefs
general meeting
high court
honourable court
injunctive relief
legal obligation
own rights
personal representatives
point of first instance
strength of the above quoted section
such accounts
support of the instant application

JUDGEMENT

ASIEDU, J.

By an originating motion on notice filed on the 7th June 2017, the applicants herein pray the court for the following reliefs:

(i) A declaration that the 1st respondent company is administering its business and carrying on its affairs in a manner that does not comply with its Regulations and the Companies Act, 1963 (Act 179)

(ii) A declaration that the appointment of the 2nd, 3rd and 4th respondents as directors of the 1st respondent company is wrongful and does not comply with the Regulations of the 1st Respondent and the Companies Act, 1963 (Act 179).

(iii) A declaration that the affairs of the 1st respondent company over the period from 23rd December, 2010 till date were conducted and are being conducted in breach of sections 99, 124, 125 and 131 of the Companies Act, 1963 (Act 179).

(iv) A declaration that the 5th and 6th respondents do not have any locus to control and/or manage the affairs of the 1st respondent company.

(v) A declaration that the entry of the names…

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