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RULING
An application for an order of mandatory Injunction was filed in the Registry of this Court by the Petitioner/Applicant against the Respondent/Respondent on the 17th of October 2022. The Applicant is praying the Court to restrain Ghana Road Fund, Ministry of Finance, Fidelity Bank(GH)Ltd, Republic Bank Ltd. and Bank of Africa from transacting any business with and, or making any payments whatsoever to the Respondent/Respondent pending the determination of the suit.
The application has its antecedents in a petition for the official liquidation of the Respondent Company filed by the Petitioner on 14th of January 2022. The sum of that petition is found in paragraph 19 of the petition being that there is a dead lock in the management of the company’s affairs as a result of hostility and mistrust between the Directors and or members of the company and so it is just and equitable for the Court to wind up the company. The Petitioner also prayed for the following reliefs in the petition
1. An order of accounts against Respondent
2. An order directed at Respondent to pay Petitioner all accrued dividends with interest from the inception of the Respondent
3. An order restraining all debtors of the Respondent, inclusive of all banking and financial institutions with whom Respondent maintains an account from transacting any business whatsoever with the present signatory to Respondent’s contractual agreements and accounts with said parties.
4. An order for the official winding up of Respondent on the grounds of equity justice and fairness pursuant to Section 84(2) (g) of Act 1015
A thirty paragraph Affidavit was sworn in support of the application for Injunction by the Petitioner/Applicant (herein, known as Applicant). She deposed that she is a fifty percent Shareholder and Director of the Respondent/Respondent Company (herein referred to as the Respondent) and the other Director is Kwame Adjei Nuaman who is her stepson. The said Kwame Adjei Nuamah in his capacity as the only other Director is sole signatory to the documents, financial processes and legal instruments relevant to the administration of Respondent. That for all purposes material to the management of the Respondent, the purported signature of Kwame Adjei Nuamah is indeed and in fact the signature of John Akwasi Nuamah which is confirmed by Exhibit ‘C’ series. The said John Akwesi Nuamah is the legal husband and biological father of the said Kwame Adjei Nuamah. At all material times, John Adjei Nua