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

April 20, 2015

HIGH COURT

GHANA

CORAM

  • JUSTICE GEORGE K. KOOMSON

Areas of Law

  • Corporate Law
  • Evidence Law
  • Equity and Trusts
  • Civil Procedure

AI Generated Summary

In a shareholder and corporate governance dispute involving Newgen Investment Limited, Appiah Ampofo and Nana Konadu Agyemang Rawlings claimed they founded Newgen in 1995, using Albert Owusu Barnafo and Edmund Arnong as bare trustee shareholders and directors, and that both trustees executed a Declaration of Trust and share transfer instruments. Plaintiffs kept original incorporation documents and the GREL share certificate and operated Newgens HSBC London account under a mandate naming Ampofo as legal representative. Barnafo later unilaterally removed company secretary Sam Ebow Enos, appointed a 2nd defendant firm as secretary, and pursued an EGM to remove Ampofo. Denying the trust, Barnafo alleged forgery and claimed ownership. The court found plaintiffs ownership evidence credible, held the trust and transfer instruments genuine and effective, ruled Barnafos unilateral actions invalid under section 190(3) of the Companies Act, declared the EGM notice unlawful, granted declaratory and injunctive reliefs, and dismissed the defendants counterclaim, awarding costs.

JUDGMENT