Ratio DecidendiRatio DecidendiRatio Decidendi



RAOUL ABOU CHEDID
V.
GOLD COAST SECURITIES LTD

(2016) JELR 65412 (CA)    
Court of Appeal  ·  SUIT NO: H1/229/15 ·  26 May 2016 ·  Ghana
CORAM
OFOE J.A , KORBIEH J.A, MENSAH J.A

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
evidence
trial judge
transfer of shares
exhibit e
share transfer agreement
necessary changes
shares of the company
gold coast securities ltd
agreement exhibit e
confirmation of the state of affairs
exhibit d
learned trial judge
management control
raoul abou-chedid
record of appeal
agreements
case of the plaintiff
earlier share transfer agreement
own pleadings
prior condition
raoul abou
share transfer agreement exhibit
trial court
agreed amount
brother peter abou chedid
clear terms
defendant company
defendant gold coast securities
defendant’s counsel
defendant’s position
evidence of such transfer
gcsl’s share acquisition plan
given time
high court judge
learned judge
main contentions of the appellant
managing director mr. eddie quaye
mention needs
operative clause
relevant provisions
respective position of the parties
said accounting documents
shareholders resolution
shares of the company expandable polystyrene products
top management staff of the company
understanding of this case
viva voce evidence

JUDGMENT

OFOE,J.A:

The issue between the parties is simply about the transfer of shares and payment thereof. I will describe the parties as plaintiff and defendant as they were in the trial court. From the record of appeal all the dealings in the shares of the company that came before the court were governed by written agreements. Very pivotal to a decision in this appeal is the Share Transfer Agreement of the 15th October 2008 tendered in evidence as exhibit E, found at page 270 of the record of appeal. Let me state in brief what my understanding of this case is.

There was an earlier Share Transfer Agreement made on the 18th Day of December 2006 by which the defendant company, Gold Coast Securities Ltd (GCSL) acquired 18% of the shares of the company Expandable Polystyrene Products and Trading Limited (EPPL). It is clear from this agreement that this was at the time that the Company, like several other companies were experiencing downward trend in their financial fortunes. Somewhere aro…

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