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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

  • Civil Procedure
  • Corporate Law

AI Generated Summary

Essiem J.A. delivered the lead judgment on an appeal by a minority shareholder-director of Bob Kwame and Co. Ltd. challenging the High Court’s refusal to grant interim reliefs. The appellant alleged misconduct and mismanagement by majority shareholder and managing director, Bob Kwame Bernard, after a 31 July 1987 board meeting removed him as director. He sought an interim injunction, preservation of company assets, appointment of a receiver and manager, and accounting, pending determination of an originating motion under the Companies Code. Emphasizing the limited scope for appellate interference with discretionary decisions and the risk of prejudging the merits, the Court of Appeal upheld the refusal of interim reliefs. Given the specialized road construction business and risks of receivership, the court ordered Bernard to give a written undertaking not to dispose of company machines until the main action is determined, and dismissed the appeal.

JUDGMENT