THE REPUBLIC vs ATTORNEY GENERAL & ANOR
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI J.
Areas of Law
- Administrative Law
- Contract Law
- Corporate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for Judicial Review (mandamus) filed by the Applicant against the Divestiture Implementation Committee (DIC) of Ghana. The Applicant sought to compel the DIC to issue and transfer share certificates for 20% government shares in Neoplan Ghana Ltd, which the Applicant claimed to have acquired. The court dismissed the application, finding that the Applicant failed to prove a valid contract for the sale and transfer of the 20% shares. The court emphasized the importance of establishing a demonstrable interest in the duty sought to be performed and the need to satisfy the requirements for a valid contract and share transfer under relevant legislation. The case highlights the complexities of government divestiture processes and the legal standards for mandamus applications in administrative law.
This application for Judicial Review was commenced on 26/01/2018, with a motion and an affidavit in support, as well as statement of case.
There are exhibits annexed.
On the 12/06/2018, a supplementary affidavit in support was filed by the Applicant, with an exhibit annexed.
Pursuant to leave granted to Respondent, affidavit in opposition was filed on 28/03/2019, with annexures, with a statement of case.
This application is a complaint about the delay and neglect to issue share certificate to applicant, who has alleged he has acquired shares in a company put on divestiture by the Government of Ghana.
The deposition of the Attorney of the Applicant traced the history of transactions to 07/02/1974, when the Government of Ghana entered a Joint Venture Agreement with Messrs.
Gottlob Auwaeter KG of Stuggart, West Germany, and Neoplan (GH) Ltd. was formed or incorporated with Ghana, holding 55% shares and 45% held by Gottlob.
The account showed that in 2001, MAN Truck and Bus AG of Germany acquired Gottlob.
The Applicant has alleged that he had acquired the 45% shares, MAN truck had in Neoplan Ghana, and by that became part of the Joint Venture Agreement formed in 1974. A sale of share agreement dated 14/01/2013, has been cited as the basis of the claim of ascension to the Joint Venture Agreement. The Respondent has not contested these averments, except that, it contended that ascension to additional 20% shares in the Joint Venture Agreement is not true.
The reasons for stating so have been canvassed.
In other words, the formation of Neoplan Ghana Ltd. , in 1974, with a share structure of 45% held by Messrs.
Gottlob and 55%held by Government, the subsequent transfer of the 45% shares by Gottlob to Man Truck on 22/11/2012 and the acquisition of those same shares by the Applicant have not been controverted.
The issues in controversy are:
1. Whether or not Government had sold its 20% is the Joint Venture which is Neoplan (GH) LTD, to its partner Gottlob, and
2. Whether or not Applicant has ascended to the 20% shares in issue.
I will allocate the burden of proof on these issues to Applicant.
The Applicant is obligated to adduce sufficient evidence in support of his claim that, it has a valid contract of purchase of 20% stake in Neoplan (GH) Ltd. , because Government had offered it to Gottlob and the he has ascended to those shares in addition to 45% shares, which were originally held by Gottlob and subsequently by Man Truck and BUS AG of Germany.