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POLITIS AND ANOTHER v. PLASTICO LTD.

January 17, 1967

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Corporate Law
  • Civil Procedure

AI Generated Summary

Personal representatives of the late Dr. Dimitra Politis, who held the majority shares and was a co-director of Plastico Ltd., sought relief under section 217 of the Companies Code (Act 179) to declare certain company acts void. They had earlier obtained a rectification order to place their names on the register of members. The company, represented by Mr. Amissah-Aidoo, objected that the representatives lacked standing because they were not registered members and argued that the rectification order was not drawn up or served. The court examined section 99 of the Companies Code and the Gower Report, holding that personal representatives are entitled to be registered and, even before registration, enjoy the rights and remedies of members except attending and voting. Citing Farden v. Richter and Hopton v. Robertson, the court found that service was unnecessary where the company had notice and was required to act. The preliminary objection was overruled.

JUDGMENT