INDEPTH NETWORK v. DANIEL KOFI BAKU AND 9 OTHERS

HENRY A. KWOFIE JA:

This is an appeal against the ruling of the High Court (General Jurisdiction) Accra dated 3rd of December 2018. By a Writ of Summons and a statement of claim filed on the 24th of May 2018, the plaintiff which is a company limited by guarantee claimed against the defendants the following reliefs:

a) A declaration that the 1st defendant is not the company secretary of the plaintiff’s company

b) A declaration that the 1st to 7th, defendants are neither subscribers nor executive council member of the plaintiff company.

c) An order of perpetual injunction restraining the 1st – 7th defendants from holding themselves out as subscribing members and executive members of the plaintiff company

d) An order directed at the 10th defendant from interfering with or altering the records of the plaintiff company without the knowledge consent and authorization of the foundational members and directors as the case may require per the regulations of the Company Act

e) An order compelling the 8th and 9th defendant to allow the plaintiff company to have access to its accounts

f) Damages awarded against the 8th and 9th defendants for breach of contract.

g) Costs involving solicitors fees

h) Any order(s) which the honourable Court in the circumstances may deem fit.

The plaintiff/appellant on the same day 24th May 2018 filed an application for an order of interlocutory injunction praying the Court for the following interim orders:

a) An order for interlocutory injunction restraining forthwith the 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th defendants/respondents from holding themselves out as subscribing members and executive council members of the applicant company

b) An order for interlocutory injunction restraining forthwith the 1st respondent from holding himself out as company secretary of the applicant company

c) An order for interlocutory injunction compelling the 8th and 9th respondents to allow the applicant company to have access to its accounts;

d) An order for interlocutory injunction restraining forthwith the 10th respondent from interfering with or altering the records of the plaintiff company without the knowledge consent and authorization of the foundational members and directors as the case may require per the regulations of the Companies Act.

The 1st to 7th defendants also filed an application for interlocutory injunction on 13th July 2018 and subsequently on 17th July 2018 filed their statement of defence and counterclaim.

In their a