Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SACHIN NAMBEEAR
V.
ASHOK KUMAR SIVARAM AND JAI –MAI COMMUNICATIONS LTD

(2017) JELR 69813 (HC)    
High Court  ·  SUIT NO.CM/0037/17 ·  30 Oct 2017 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
meeting
plaintiff
quorum
court
director
casual vacancy
orders
bank accounts
only director
sole director
application of plaintiff
change of mandate of the signatories
company’s act
company secretary
consequential orders
consolidation of suits
days’ notice
high court
prudential bank ltd
robert boye quartey
subject matter of the suit
bank accounts numbers
civil procedure
common question of law
common questions of law
daily newspaper
extraordinary general
factual basis
first of the applications
following week
mandate of the signatories
meeting of members of the company
member present
members of the company
minimum number of members
mutatis mutandis
notice of the adjourned meeting
number of directors
preservation of the status quo of the mandate
removal of the company secretary
requisite quorum
requisition of an extraordinary general meeting
respect of the bank accounts
second application
single member
written resolutions of the board of directors

BAFFOUR J.

The court has been called upon to make orders in respect of the Bank accounts of the 2nd Defendant Company in the two consolidated motions before the court. The first of the applications was filed on the 7/07/17 by the 1st Defendant for preservation of the status quo of the mandate on Bank accounts of Jai Mai Communications Ltd held at Prudential Bank Ltd and Zenith Bank. The second application filed by the Plaintiff on the 18/07/17 is calling for consequential orders following a meeting held whilst the 1st Defendant had been deported from Ghana and which said meeting appointed Robert Boye Quartey as a director, for the court to make orders directed at Prudential Bank to comply with a request for the change of mandate of the signatories to the Bank accounts of the 2nd Defendant.

The court in the exercise of its discretion and guided by Order 31 of the High Court (Civil Procedure) Rules, C.I. 47 generally on consolidation of suits, which is to the effect that:

“Where two or mo…
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