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LARBI OSEI @ NANCY LARBY SARPONG
V.
THE OFFICE OF THE REGISTRAR OF COMPANIES & ORS

(2025) JELR 114175 (HC)

High Court 26 Feb 2025 Ghana
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- Modtintac Company Ltd was incorporated on 1 February 2011 with three shareholders: James Yaw Osei (60%), Larbi Osei (Plaintiff, 20%), and Adu Agyei (20%), each also serving as directors, with Adu Agyei as secretary. - Following the death

Case Details

Suit Number:OCC/41/2021
Judges:JUSTICE CHARLES KWESI BENTUM
Counsel:Lena Nyamekye Agyemang holding the brief of Shadrack Obeng-Yeboah for the Plaintiff. Nana Ama Akyaa Prempeh for the 1st Defendant. S. Anaglate with Oduro Amoako Mensah for the 2nd and 3rd Defendants
Location:Kumasi

JUDGMENT

The purpose of incorporating a limited liability company with shares, is to further a  business or commercial purpose. It is not for the purpose of litigation. Unfortunately, this  is not the story of a company known as Modtintac Company Ltd.

It is not in dispute that, this Company, was incorporated under the Companies Act, Act  179, on 1st February, 2011 and commenced business on 2nd February, 2011.  

It appears that, all was going well with the Company until the death of one person. This  person is known as James Yaw Osei, sometime in this proceedings also referred to as James  Osei Yaw. It is not in dispute that, the said James Yaw Osei is dead. He died per evidence  before the Court on 20th October, 2016.  

This litigation, is centred around the aftermath of the death of James Yaw Osei and the  Company, Modtintac Company Ltd.  

The Plaintiff’s Case in a nutshell

She filed her original Writ and Statement of Claim on 30th December, 2020. The Writ  and Statement of Claim was ame…

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