MENSAH AND OTHERS vs. ADU AND OTHERS

The appellants and respondents were originally part of a partnership known as the Nkwanta Industrial Corporation, formed to operate a timber business initiated by the DuayawNkwanta State Council. The partnership included five persons: the first two plaintiffs (appellants), the two defendants (respondents), and Kwaku Banin (deceased). The State Council lent £G120 as initial capital, with an understanding that profits would benefit the state through scholarships and other welfare activities. After Banin's death, disputes arose between the parties, particularly over management and scholarship awards made without full consent. The defendants registered the business solely in their names, denying the plaintiffs' interest, leading to the present suit for dissolution, accounts, receivership, and injunctions.

JUDGMENT OF OLLENNU J.S.C, Ollennu J.S.C. delivered the judgment of the court. The appellants, plaintiffs in the court below, claimed against the two defendants: (a) An order decreeing dissolution of a timber business known as the Nkwanta Industrial Corporation; (b) An order for accounts of the said partnership and payment to them of any sum which may be found due to them; (c) Appointment of a receiver and manager for the business of the said partnership pending final winding up of the same; and (d) An order for injunction restraining all parties save such as may be receivers and managers from interfering with the business of the said firm. They pleaded that the firm, the Nkwanta Industrial Corporation, is a partnership formed originally by the first two plaintiffs, the two defendants and one Kwaku Banin, now deceased, and that after the death of the said Kwaku Banin, the three plaintiffs and the two defendants together carried on a partnership business in the same name. They ...