GEORGINA OPOKU AGYEMANG VS JACOB KWAME ASIAMAH & ANOR

Ackaah-Boafo, JA

i. Overview: [1] I will prefix this judgment with the quote attributed to an unknown author which states that “Friendship is delicate as a glass, once broken it can be fixed but there will always be cracks”. It is common ground from the facts and the available evidence that the Plaintiff, Georgina Opoku Agyemang and the 1st Defendant, Jacob Kwame Asiamah were very good and close friends.

Their friendship led to them becoming business partners in the 2nd Defendant Company, Lebbatt Investment Limited.

Sadly, their friendship is broken with serious cracks due to events revealed by the evidence led in this case.

The Plaintiff who initiated the action is seeking declaratory and other orders by way of formal pronouncement from this court.

The Defendants seek orders of their own in the counterclaim filed. [2] It is sad to say that, due to many reasons including the fact that the Plaintiff has had not less than four lawyers to represent her since the suit was filed almost eight years ago on December 17, 2015 at the Registry of the Court, failure of counsel to meet deadlines, filing of applications, some of which with respect were needless and adjournment requests at the instance of the parties and the court after the trial commenced in March 2019 have all led to the delay in the determination of this case.

In effect, this case has taken many years with twists and turns to reach its final destination today. [3] Per a writ of summons with a statement of claim issued in the registry of the High Court, Accra [Fast Track Division] on December 17, 2015, the Plaintiff sued for the following judicial reliefs: (a) A declaration that the Plaintiff is and was at all material times a shareholder with equal shares with the 1st Defendant in Lebbatt Investment Company Limited.

b) Interim order for the 1st Defendant to preserve the assets of the 2nd Defendant Company.

c) An order for the payment of the Plaintiff’s salary from June 2014 to date.

d) An order appointing an Auditor to ascertain the assets and liabilities of the 2nd Defendant Company.

e) An order directing the 1st Defendant to account for his stewardship when Plaintiff was made to stay out of the operations of the 2nd Defendant from June 2014 to date.

f) An order for the 1st Defendant to buy the Plaintiff out of the 2nd Defendant Company or in the alternative an order for the dissolution of the 2nd Defendant Company.

g) Costs.

h) Any further relief(s) that this Honourable Court ma