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AGYEKUM v. ASAKUM ENGINEERING AND CONSTRUCTION LTD.

March 11, 1991

SUPREME COURT

GHANA

CORAM

  • ADADE AG. C.J
  • FRANCOIS
  • AMUA-SEKYI
  • AIKINS J.S.C.
  • ADJABENG J.A

Areas of Law

  • Civil Procedure
  • Corporate Law
  • Property and Real Estate Law

AI Generated Summary

This Supreme Court judgment arises from M. K. Agyekum’s application to review the Court’s earlier decision of 17 July 1990 dismissing his appeal in litigation with his former company over control and use of heavy machinery. The underlying dispute (suit No. 868/84) sought the return of listed equipment, damages, and mesne profits, and was complicated by Agyekum’s formation of a rival company, Ladco. In multiple opinions, Francois JSC wrote for the majority rejecting review, emphasizing that the Supreme Court’s review jurisdiction is not a vehicle for rehearing and requires exceptional circumstances, which were absent. Amua‑Sekyi JSC and Adjabeng JA concurred, noting that any shareholder buy‑out claims should proceed in the High Court via the pending counterclaim. Adade Ag. C.J. and Aikins JSC dissented, favoring remittal for a full trial due to triable issues and jurisdictional concerns about co‑ordinate High Court judges. The Court dismissed the application.

JUDGMENT