IN RE WEST COAST DYEING INDUSTRY LTD; ADAMS AND ANOTHER
V.
TANDOH

(1985) JELR 64636 (CA)

Court of Appeal 7 Mar 1985 Ghana
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- Appeal dismissed; court affirmed that only “members” (i.e., shareholders or debenture holders) or the Registrar may apply for relief under section 218 of the Companies Code, 1963 (Act 179)—mere officers or directors without membership lac

Case Details

Judges:MENSA BOISON JA, ABBAN JA, OSEI-HWERE JA
Counsel:QUANSAH FOR THE APPELLANT; DR. KUMA (WITH HIM AGYEMAN AND ZWENNES) FOR THE RESPONDENT


ABBAN J.A.: Originally there were two appellants. But when the appeal was called for hearing, learned counsel for the second appellant announced to the court that his client was no longer pursuing the appeal and in consequence thereof he had filed “notice of withdrawal of appeal.” The court in the circumstances dismissed the appeal of the second appellant, Charles Tetteh Darko, and awarded costs of ¢2,000 against him and in favour of the respondent.

Thus, so far as the second appellant is concerned, the judgment entered against him in the court below stands with full force and effect. The first appellant alone pursued the appeal in this court and for the sake of brevity he will, hereafter, be referred to simply as the appellant.

The appellant brought an application in the High Court, Accra under sections 218, 220 and 222 of the Companies Code, 1963 (Act 179), asking for certain reliefs against the respondent in respect of a company known as West Coast Dyeing Industry Ltd. The substance …

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