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NOWFILL S. LABA
V.
AIDS LABA & LATEX FOAM RUBBER PRODUCTS LTD.

(2021) JELR 92062 (CA)

Court of Appeal 14 Jan 2021 Ghana
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- The appellant filed an Originating Notice of Motion seeking various reliefs, including the winding up of the company Latex Foam Rubber Products Ltd. - The respondent filed an application to strike out the originating notice of motion, arg

Case Details

Suit Number:SUIT NO.: HI/140/2020
Judges:OFOE, J.A , GAISIE, J.A , ANTHONY OPPONG, J.A
Counsel:FRANK ASAMOAH FOR APPELLANT KWASI DANSO AMOAH WITH PHILIP OBENG NYARKO FOR THE 1ST APPELLANT

JUDGMENT

OFOE, J.A

The appellant, on the 8th of September, 2015 filed in the High Court an Originating Notice of Motion seeking the following reliefs

a. An order for just and equitable winding up of the Company, Latex Foam Rubber Products Ltd under s4 of the Bodies Corporate (Official Liquidations) Act 1963 Act (180).
In the alternative to relief (a)
b. An order that the shares of the 1st Respondent be sold to the Applicant at their fair value or at any other value at which the Court see fit to order their sale.
In the alternative to relief (a) and (b)
c. A declaration that the free use of the Company’s property by Moon Beam Company Ltd on the authority of the 1st Respondent is not in the best interest of Latex Foam Ltd and a breach of the 1st Respondents’ fiduciary duty to the Company.
d. A declaration that the free use of the company’s property by GDS Training Center on the authority of the 1st Respondent is not in the best interest of Latex foam Ltd and a breach of the 1st respondent’s f…

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