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TATIANA BOYA v. MARIO DE CATALDO & Other

2024

SUPREME COURT

GHANA

CORAM

  • BAFFOE-BONNIE JSC (PRESIDING)
  • OWUSU (MS.) JSC
  • KULENDI JSC
  • ACKAH-YENSU (MS.) JSC
  • ASIEDU JSC

Areas of Law

  • Corporate Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Supreme Court of Ghana, per Kulendi JSC, allowed a second appeal by the Plaintiff against concurrent decisions of the High Court and Court of Appeal concerning Cottage Italia Industries (Gh) Ltd. The Plaintiff asserted she was director and majority shareholder based on transfer deeds from December 2006 and June 2010, and sought recognition and protection against unilateral actions by the 1st Defendant, an Italy-resident director who allegedly siphoned company funds. The 1st Defendant admitted executing the transfers but claimed they were a facade for immigration and political insulation due to perceived NDC/NPP political dynamics, and alleged a collateral trust arrangement. Applying the Evidence Act and Companies Act, the Court held documentary admissions conclusively established the Plaintiff’s status, found non-registration and consideration objections immaterial inter partes, rejected reliance on misrepresentation as a defense, and granted declarations of 59% shareholding, injunctions against unilateral dealings, and an accounting order, with costs against the 1st Defendant.

JUDGMENT