GHANA ORGANIC AGRICULTURAL NETWORK v. TIMOTHY K. ABORAH & ORS
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Company Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute between the Plaintiff organization, Ghana Organic Agriculture Network (G.O.A.N.), represented by its Director Joseph Adu Gyamfi, and the Defendants, concerning the legality of executive office tenure and financial decisions. The court determined that G.O.A.N. was properly registered and is required to have directors as per the Companies Act, 1963. The Court ruled against the first and second Defendants, acknowledging their unlawful continuation in office beyond the mandated tenure. Furthermore, the court ordered G.O.A.N to resolve internal administrative and financial matters as per legal guidelines and recommended holding a general meeting to address internal crises.
JUDGMENT
By its amended writ of summons and statement of claim filed on 31/05/2013, the Plaintiff herein, sued per its Director Secretary for the reliefs as set down below:
1. An Order of the Court for the offices of the Plaintiff Company to be opened to its Directors.
2. An Order of the Court declaring the 1st and 3rd Defendants as not being Executive Officers of the Plaintiff Company.
3. An Order of the Court declaring the conduct of the Defendants as illegal.
4. An order of the Court declaring the Plaintiff Company as owners of their office premises situate at Cadbury Hall, Kumasi.
It is the Plaintiff's case that Ghana Organic Agriculture Network (G.O.A.N.), made up of farming groups as well as individual farmers, was formed by its directors namely, Joseph Adu Gyamfi, Asare Boahen, Paul Arthur and Appiah Kubi. These directors registered the Organization with Joseph Adu Gyamfi as its Secretary. At an Annual General Meeting in 1999, the 1st and 2nd Defendants were elected as executive officers to serve a two year term ending 2001 in consonance with the organization's constitution. It is also the Plaintiff's case that although the tenure of the 1st and 2nd Defendants elapsed in the year 2001, they continue to be in office and have connived with the 3rd and 4th Defendants and have withdrawn all monies in the Plaintiff's accounts in SG-SSB and Agricultural Development Bank. Besides, the Defendants have removed the directional sign board ; locked up all the doors to the office and thereby preventing other officers from using the office. Since the year 1996, Mr. Adu Gyamfi says he has personally done all renewals at the Registrar General's Office on behalf of the Plaintiff herein. Presently, the Plaintiff says that the Defendants are no longer officers of the Organization.
In their statement of defence, the Defendants averred that the Plaintiff organization is made up of Community Based Organizations, Farmer Organizations, N.G.O.'s, Individuals and other organizations interested in the promotion of Organic Agriculture. Indeed, this averment was admitted by the Plaintiff in its Reply.
On their part, the Defendants deny that Joseph Adu Gyamfi is a director of G.O.A.N. in view of the fact that the organization has an Executive Committee but not Directors. It is their case that Joseph Adu Gyamfi is not an Executive Committee Member but he belongs to a farmer group which is a member of the Plaintiff Organization. The Defendants say that they are still o