MULTIGROUP CONSULTANTS LTD AND KWABENA BOADI-ABOAGYE
V.
ELIZABETH DUFOUR POKU AND MICHAEL DUFOUR POKU

(2016) JELR 65360 (CA)    
Court of Appeal  ·  CIVIL APPEAL N0: H1/114/2015 ·  21 Apr 2016 ·  Ghana
CORAM
S. MARFUL-SAU JA (PRESIDING), A. M. DORDZIE JA, L. L. MENSAH JA
Core Terms Beta
high court accra
2nd defendant
1st defendant company
appellant kwabena boadi-aboagye
subject matter of this appeal
order of the court
number of decided cases
further order
grounds of appeal
particulars of the error
supreme court
trial court
following orders
yaw samuel dufour-poku
submission counsel
deceased yaw samuel dufour-poku
court of appeal rules
high court judge
statement of defence
ground of appeal
bank account statements
state of affairs of the 1st defendant company
plaintiffs
only directors
limited liability company
appellants produce
purpose of this mandatory requirement
trial conference
part of management of the 1st defendant
particular issue
law
rule
respondents
barclays bank
particulars of the misdirection
lower court
deceased's interest
close of pleadings
appellants
c. i.
agnes m.a. dordzie
subsequent years
issue
financial statements
company

AGNES M.A. DORDZIE, JA:-

FACTS:

The 2nd defendant appellant Kwabena Boadi-Aboagye and Yaw Samuel Dufour-Poku (deceased) were good friends. They both formed the 1st defendant company; the two were the only directors and each of them owned 50% shares in the company.

Yaw Samuel Dufour-Poku died in April 2005. The plaintiffs are his widow and son respectively and the beneficiaries of his will. It is alleged by the plaintiffs that the 2nd defendant at the death of their relative misrepresented facts about his interest in the 1st defendant company to them. According to the plaintiffs though the company is a limited liability company with the deceased owning 50% of its shares the 2nd defendant presented to them that the business is a partnership and paid GHc15,000 to the plaintiffs as the deceased's interest in the alleged partnership.

According to the plaintiffs it took a search at the Registrar General's Office to know the state of affairs of the 1st defendant company and the interest the dece…

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