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HGS LIMITED
V.
ERNEST KOJO BONSU & ANOR

(2025) JELR 115305 (HC)

High Court 21 May 2025 Ghana
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Case Details

Suit Number:OCC/40/2022
Judges:CHARLES KWESI BENTUM, J.
Counsel:J. M. S. Hayfron-Benjamin for the Plaintiff. Sheriff Ahmed Seini with Philomena Owusu Boateng led by Sandra Afriyie holding the brief of Kwaku Yeboah Appiah for the Defendants.
Location:Kumasi

JUDGMENT

From a combined reading, of the Amended Writ of Summons and Amended Statement of Claim, filed on 7th November, 2024, the Plaintiff, claim two substantive, declaratory reliefs, against 1st and 2nd Defendants, jointly and severally.

The first of the declarations sought, is that, the 1st Defendant is severally and jointly with and through, the 2nd Defendant Company, interested, in a business, that competes with that of the Plaintiff Company, in breach of his, fiduciary duties under Section 190(1) and Section 192(1)(b) of the Companies Act, 2019 (Act 992).  

Per the second declaration, the Plaintiff alleges that, the Defendants have used to their advantage, confidential information and/or special knowledge, obtained by the 1st Defendant, in his capacity as a director of the Plaintiff Company, in breach of Section 192(1)(a) of the Companies Act 2019 (Act 992)

From the above-reliefs, the pith of the Plaintiff’s case rest on the Companies Act, Act 992 and specifically, according to it…

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