HANNAH ASANTE & FRANCIS ASANTE v. KWADJO ASANTE CONTRACT LIMITED & ORS
2018
HIGH COURT
GHANA
CORAM
- SAMUEL K. A. ASIEDU
Areas of Law
- Corporate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicants, as personal representatives of Madam Rosina Austin Asante, requested various declarations and injunctions pertaining to the operations and management of the 1st respondent company, alleging unlawful conduct inconsistent with the company's regulations and the Companies Act, 1963 (Act 179). The court found that the applicants failed to provide evidence supporting their claims and held that the procedure they used was improper for seeking the reliefs requested. The court concluded that the alleged grievances and reliefs did not fall under the scope of sections 217 and 218 of the Companies Act, leading to the dismissal of the application.
JUDGMENT
By an originating motion on notice filed on the 7th June 2017, the applicants herein pray the court for the following reliefs:
(i) A declaration that the 1st respondent company is administering its business and carrying on its affairs in a manner that does not comply with its Regulations and the Companies Act, 1963 (Act 179)
(ii) A declaration that the appointment of the 2nd, 3rd and 4th respondents as directors of the
1st respondent company is wrongful and does not comply with the Regulations of the 1st Respondent and the Companies Act, 1963 (Act 179).
(iii) A declaration that the affairs of the 1st respondent company over the period from 23rd December, 2010 till date were conducted and are being conducted in breach of sections 99, 124, 125 and 131 of the Companies Act, 1963 (Act 179).
(iv) A declaration that the 5th and 6th respondents do not have any locus to control and/or manage the affairs of the 1st respondent company.
(v) A declaration that the entry of the names of the 2nd, 3rd and 4th respondents as directors of the 1st respondent company by the 7th respondent in its record was unlawful and without any justification whatsoever.
(vi) A declaration that the entry of the names of the 2nd respondent herein as company secretary of the 1st respondent company by the 7th respondent in its record was unlawful and without any justification whatsoever.
(vii) A declaration that the opening and operation of a new bank account with UT Bank, Koforidua Branch, by the 2nd, 3rd and 4th respondents in the name of the 1st respondent is unlawful and contrary to the Regulations of the company.
(viii) A declaration that the legal personal representatives of the estate of Madam Rosina Austin Asante (Deceased), i.e. the applicants herein are holders of 50% of the shares of the 1st respondent.
(ix) An order of perpetual injunction restraining the 2nd, 3rd and 4th respondents, their assigns and privies, agents, servants, workmen, allotees, grantees and successors in interest, other alienees and relations whatsoever and howsoever described from holding themselves out and acting as directors of the 1st respondent company.
(x) An order of perpetual injunction restraining the 5th and 6th respondents, their assigns and privies, agents, servants, workmen allotees, grantees and successors in interest, other alienees and relations whatsoever and howsoever described from taking control and managing the affairs of the 1st respondent company and especially from g