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OKUDJETO & ORS
V.
IRANI BROTHERS & ORS

(1974) JELR 109709 (CA)

Court of Appeal 30 Jul 1974 Ghana
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- The Court of Appeal held that, under section 218(2) of the Companies Code, 1963 (Act 179) (Ghana), the court may only order the purchase of shares as relief if—on a member’s application—it finds oppression or unfair prejudice made out; su

Case Details

Judges:SOWAH, JA ANIN, JA KINGSLEY-NYINAH, JA
Counsel:U. V. Campbell and C. K. Zwennes for the appellants. J. Reindorf and J. K. Agyemang for the respondents.

JUDGMENT OF ANIN J.A. 

By a motion on notice—No. Misc. 123/72 of 23 October 1972—the appellants herein, Société Industrielle du Levant S.A.L. (“Sidul” for short) and Mohamed Ashkar, through their attorney Mr. Samuel Okudjeto moved the court below under sections 218 and 220 of the Companies Code, 1963 (Act 179), for certain reliefs set out in the motion paper; prominent among the reliefs sought were:

(i) an order directing the Registrar of Companies to appoint one or more competent inspectors to investigate the affairs of the Irani Brothers and Others Limited (the “company” for  short);

(ii) the removal of three resident directors of the company, namely, Messrs. Anthony Rachid Irani, Edmond Rachid Irani and Adnan El-Midani, as managing director and directors respectively;

(iii) an order restraining the directors and shareholders from removing the said Mr. Samuel Okudjeto as a director of the company; and

(iv) an order compelling the management to file an account showing particulars of p…

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