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 deceas…