KOPOUR LIMITED & ANOR vs REV.SETH DANIEL ABOAGYE MENSAH & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANIFFER ANNE MYERS AHMED (MRS.) J.
Areas of Law
- Corporate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs sought various declarations regarding the rightful ownership of a piece of land, recognition of certain individuals as shareholders and directors, and an injunction against the defendants from interfering with the property. The defendants contested these claims, presenting arguments about rightful inheritance and prior appointments. The court examined issues relating to shareholding, directorship, and legal compliance under The Companies Act 1963, Act 179, ultimately ruling that ownership of the land belongs to the 1st plaintiff company, affirming the requirement for director consent in writing, and clarifying that a deceased person cannot be a shareholder.
The plaintiffs by their writ of summons issued out of this court prayed for the following reliefs:
(i) A declaration that the landed property at Agbogbloshie or Ring Road South Industrial Area described as ‘ALL THAT piece or parcel of land in extent 0.19 hectare (2.24 acres) more or less being parcel no. 21 Block 1 section 040 situate in the Ring Road South Industrial Area in the Greater Accra Region of the Republic of Ghana and delineated on Registry Map No. 004/040/1991 in the Land Title Registry is the property of 1st Plaintiff company and as such only Kopour Limited acting through its members, or its directors has the right and power to deal with the said land and affairs of the company generally.
(ii) A declaration that the only recognized subscribers to the regulations of the 1st plaintiff company are Kofi Boateng, Yaw Dankyi, Kwame Anyinam, and Akosua Asor.
(iii) A declaration that the only recognized directors of 1st plaintiff company are Kofi Boateng, Yaw Dankyi, and Kwame Anyinam.
(iv) Perpetual injunction restraining the defendants either by themselves, assigns, friends, servants, proxies and anyone remotely connected with them from trespassing the aforementioned property and from interfering with the control of the said property by the recognized officers of 1st plaintiff company.
(v) Damages for trespass.
(vi) An order directed at the defendants to render accounts of all the monies they have received in respect of the aforementioned property from 28th August 2013 to date and to pay over to 1st plaintiff company any monies due to the 1st plaintiff company together with interest at the current rate from 28th August 2013 until date of final payment.
(vii) Costs, including legal fees.
The case of the plaintiffs is that the original subscribers to the regulations of the 1st plaintiff company were Kofi Boateng, the 2nd plaintiff, and Kwabena Fosu (now deceased) who held one share each in the 1st plaintiff company and that per the regulations of the company, Kofi Boateng and Kwabena Fosu were the first directors with Joseph Koranteng, who passed away before the company was incorporated as its first secretary.
It is the contention of the plaintiffs that Joseph Koranteng, having pre-deceased the incorporation of the 1st plaintiff company, could not properly have been a subscriber to its regulations. The plaintiffs contended that the current shareholders are Kofi Boateng (with 7000 shares), Yaw Dankyi (with 3,500 shares), Kwame Anyinam (3,500 s