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 15^th 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 18^th 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…

RAOUL ABOU CHEDID V. GOLD COAST SECURITIES LTD

RAOUL ABOU CHEDID
V.
GOLD COAST SECURITIES LTD