SAMUEL APPIAH AMPOFO & 1 ors VS ALBERT OWUSU BARNAFO & 2 ors

In this action, the plaintiffs asked for the following reliefs:

a. A declaration that the 1st defendant was only a bare trustee of the 500 shares held by him in the 3rd Defendant Company.

b. A declaration that the shares held by the 1st defendant have been validly transferred to the 2nd Plaintiff.

c. A declaration that not being a share holder, the 1st defendant cannot requisition a shareholder’s meeting.

d. A declaration that the Notice of the Extra Ordinary General Meeting of the 3rd Defendant Company issued by the 2nd Defendant Company is invalid.

e. An order of Perpetual Injunction to retrain the 1st defendant from claiming or holding himself out as a shareholder of the 3rd Defendant Company or from exercising any of the rights or powers of a shareholder in relation to the 3rd Defendant Company.

f. An order of Perpetual Injunction to restrain the 2nd Defendant from acting or holding themselves out as company secretaries of the 3rd Defendant Company.

g. An order of Perpetual injunction to restrain the 1st defendant from exercising any of the collective powers of the Directors to the exclusion of the 1st plaintiff from purporting to conduct the affairs of the 3rd Defendant Company in the manner that is oppressive to the plaintiffs as shareholders.

The defendants have also in a counterclaim asked for:

1. A declaration that the plaintiffs are not shareholders of the 3rd Defendant Company.

2. A declaration that the plaintiffs not being shareholders of the 3rd Defendant, they cannot requisition a shareholders’ meeting.

3. A declaration that the Notice of the Extraordinary General Meeting of the 3rd Defendant Company issued by the plaintiffs is invalid.

4. A declaration that the Deed of Transfer and Declaration of Trust purportedly signed by the 1st defendant are invalid and null and void as having been created by the plaintiffs themselves.

5. An order of Perpetual Injunction restraining the plaintiffs from claiming or holding themselves out as shareholders of the 3rd Defendant Company or from exercising any of the rights or powers of a shareholder in relation to the 3rd Defendant Company.

6. An order of Perpetual Injunction to restrain the 2nd plaintiff from claiming or holding herself out as a Director of the 3rd Defendant Company or from exercising any of the rights or powers of a director in relation to the 3rd Defendant Company .

It is noted at the onset that the 2nd defendant did not contest the case. The case of the plaintiffs is t