P.S. INVESTMENT LIMITED
V.
CENTRAL REGIONAL DEVELOPMENT CORPORATION AND OTHERS

(2012) JELR 68546 (SC)

Supreme Court 18 Apr 2012 Ghana
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- Supreme Court held the sale and transfer of CEREDEC’s shares in Twifo Oil Palm Plantations Ltd (TOPP) to Unilever Ghana Ltd void for failing to comply with Regulation 32(a) of TOPP’s Regulations, which grants pre-emptive (first refusal) r

Case Details

Suit Number:CIVIL APPEAL NO. J4/40/2011
Judges:ADINYIRA (MRS) JSC (PRESIDING), OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, BONNIE JSC
Counsel:FELIX NTRAKWA WITH HIM KWADWO GYASI NTRAKWA FOR THE PLAINTIFF / APPELLANT/APPELLANT; NII ODOI ODOTEI WITH HIM MARTIN KPEBU FOR THE 2ND DEFENDANT /RESPONDENT/RESPONDENT.,CECIL ADADEVOR (SENIOR STATE ATTORNEY) FOR THE 3RD DEFENDANT /RESPONDENT/RESPONDENT.

JUDGMENT

DOTSE JSC:

In view of the peculiar facts and circumstances of this appeal, we deem it expedient to state in some detail, the facts of the case as we deem it relevant and applicable to the issues germane to the resolution of the appeal herein.

The Plaintiff/Appellant/Appellant, hereafter referred to as Plaintiff is a shareholder in Twifo Oil Palm Plantation Limited (TOPP) a company incorporated under the laws of Ghana and engaged in the cultivation of oil palm at the TOPP who are themselves the 14th Defendants/Respondents/Respondents and together with the other Defendants are hereafter referred to simply as 1st – 14th Defendants as appearing above.

In order to understand the dynamics of the shareholding structure of the 14th Defendant, it is proper to set out in detail the said shareholding structure as provided in the record:

i. Central Regional Development Corporation - 80.46%

(CEREDEC) – (1st Defendant)

ii. State Insurance Company (SIC) - 2.21%

iii. Paterson Zochonis PLC - 1.47%

iv.…

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