KWESI LIVINGSTONE
V.
KEN KWAKU AND 2 ORS

(2018) JELR 65616 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.HI/163/2018 ·  1 Nov 2018 ·  Ghana
CORAM
P.K. GYAESAYOR J.A (PRESIDING), E.K. AYEBI J.A, I. O. TANKO AMADU J.A
Core Terms Beta
respondent
appellants
trial court
grounds
rd2’ series
learned trial judge
registrar general
registrar general’s department
3rd respondent
companies act
issue of capacity
allotted shares
capacity of the applicant
membership of the 3rd respondent company
said shares
trial court’s jurisdiction
2nd appellants
3rd respondent company
adehyeman gardens case
adehyeman gardens ltd. vs. assibey
affairs of 3rd respondent
appeal lies
applicant’s shares
basis of the affidavit evidence
company’s particulars
conduct of the 2nd respondent of the affairs
debenture holder of the 3rd appellant
debenture holder of the company
directors of 3rd respondent
effect of the trial court
exhibit rd2 series
forfeiture of applicant
further ground
honourable court
learned trial judge’s reliance
number of questions
order of perpetual injunction
payment of his unpaid shares
provisions of rule
purported member of the company
receipt of the record of appeal
respondent’s answer
ruling of the high court
said call
shareholders’ approval
submissions of appellants
subsequent change
support of the appellants motion
value of the allotted shares
weight of evidence

TANKO AMADU J.A

(1) This appeal lies from the ruling of the High Court (Commercial Division) Accra dated the 10th day of October, 2016. In the said ruling, the Trial Court determined and dismissed a motion which challenged the capacity of the Applicant/Respondent to commence the action.

(2) BACKGROUND:

By an originating notice of motion pursuant to Sections 217 and 218 of the Companies Act 1963 (Act 179), the Applicant/Respondent (hereinafter referred to as the Respondent) sought the following reliefs against the Respondents/Appellants (hereinafter referred to as the Appellants).

“(i)A Declaration that the call made on the Applicant’s shares in 3rd Respondent valued at Gh₡727,027.00 and dated September 4th, 2015 is irregular and same is invalid.

(ii)A Declaration that the unilateral exercise of the shareholders right to appoint directors of 3rd Respondent is unlawful and that all such appointments are invalid.

(iii)An order of perpetual injunction restraining Respondents from making any boa…

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