REPUBLIC v. HIGH COURT (COMMERCIAL DIVISION), ACCRA

DOTSE JSC: -

By his application, the Applicant herein, a legal practitioner of Gaisie Zwennes Hughes & Co. is seeking an order of Certiorari to bring up to this court the proceedings and Rulings dated 9th December 2019 in the High Court, Commercial Division, presided over by Koomson J, Suit No. CM/MISC/0961/2019 intitutled, In the Matter of An Application Pursuant to Section 217 of the Companies Code, 1963 (Act 179) And in The Matter of Merlin Gaming Ghana Limited – Eric Gbeho (Applicant) v (1) Philip Addision (1st Respondent) and (2) Merlin Gaming Ghana Limited, (2nd Respondent) for the orders of the High Court, dated 9th December, 2019 already referred to supra to be quashed.

The grounds of the application are the following:-

1. Breach of the rules of natural justice

2. That the order of the Judge, made without assigning reasons is in breach of the Applicant’s constitutional right to work.

3. That the order is also in breach of the Applicants constitutional right to avail himself of remedy through the appellate process, and

4. That the order of the learned Judge is altogether irrational and unreasonable because it disqualified the Applicant for conflict of interest due to his compliance with statutory law laid out under section 210 (5) of Act 179.

FACTS

On the 14th day of June 2019, Eric Gbeho, hereafter 3rd Interested Party, engaged the Applicant herein, Charles Zwennes Esq. to file an Originating Notice on Motion in Suit No. CM/MISC/0961/2019 between the parties referred to as indicated as follows:-

“ERIC GBEHO - APPLICANT

VRS

1. PHILIP ADDISION & ANOR - 1ST RESPONDENT

2. MERLIN GAMING GHANA LIMITED - 2ND RESPONDENT”

Seeking the following reliefs:-

(i) “A declaration that the person going by name of Philip Addision, Esq. and, holding himself out since 23rd May 2019 as the substantive Company Secretary of Merlin Gaming Ghana Limited and purporting to exercise statutory powers of the company under the office of Company Secretary is not the Company Secretary properly and duly so appointed and that any such appointed (sic) is null and void and of no legal effect, and

(ii) An order of Interlocutory Injunction restraining the said Philip Addison Esq. from exercising statutory powers as the Company Secretary of Merlin Gaming Ghana Limited or from holding himself out to the body of shareholders, the board of directors, the Registrar of Companies and/or directors, the Registrar of Companies and/or the public at large in that capacity and fr