MAHAMA
V.
SOLI AND ANOTHER

(1977) JELR 69222 (CA)

Court of Appeal 30 Jul 1977 Ghana
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- The appellant, a former government official and the largest shareholder of Mencilo and Co., Ltd., was removed as managing director due to disagreements among the board of directors. - The appellant was accused of setting up rival business

Case Details

Judges:APALOO JA,LASSEY JA,ANIN J.A.
Counsel:PETER ALA ADJETEY FOR THE APPELLANT; NANA AKUFO-ADDO FOR THE RESPONDENTS.
Other Citations:[1977] GLR 215

APALOO J.A.: The appellant was before the change of government in February 1966, a member of the then civilian government. Between 1962-64 he held office as Deputy Minister of Industries and implied that he acquired some business expertise in that ministry.

On leaving government, the appellant commenced farming at a place called Yapei. He did not have enough funds to do this by himself, so he raised a loan of ¢10,000.00 from the Agricultural Development Bank. He was doing rice farming. He said in evidence that he farmed all by himself. In 1968 he decided to put the venture on a formal business footing. So he turned this one-man business into a company limited by shares. The company was incorporated under the Companies Code, 1963 (Act 179), and christened Mencilo and Co., Ltd. The regulations of the company show that it took over the assets and liabilities of the one-man business. The assets seem to include the land at Yapei on which the appellant was then farming. The liabilities taken…

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