Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

IN RE BOB KWAME AND CO. LTD.; GYINGYI v. BERNARD AND ANOTHER

1990

COURT OF APPEAL

GHANA

CORAM

  • AMPIAH
  • ESSIEM
  • OFORI-BOATENG JJ.A

Areas of Law

  • Corporate Law
  • Civil Procedure

AI Generated Summary

The appellant filed a motion in the High Court alleging misconduct and mismanagement in Bob Kwame and Co. Ltd., seeking interim reliefs, which were denied by the High Court. The refusal was appealed, and the appellate court upheld the trial courts discretion not to grant the interim reliefs, asserting that it would be unjust to settle the substantive issues via an interim application. The appeal argued wrongful exercise of discretion by the trial judge, but the appellate court found no misuse of discretion, emphasizing the need to preserve the company's operations and the principle that interim relief should not determine the substantive case. Thus, the appeal was dismissed.

JUDGMENT