[1976]DLHC404 • March 24, 1976 • High Court
MAHAMA vs. SOLI AND ANOTHER
The respondents, shareholders and directors of Mencilo & Co., Ltd., initiated proceedings against the applicant, the managing director, alleging oppressive conduct, misappropriation of company funds, mismanagement, and conflicts of interest. The applicant was removed as managing director by court order following a hearing in his absence, which he seeks to set aside on grounds of absence due to an alleged assurance from the Chief Justice that the case would be adjourned.
read moreThis is an application by E. A. Mahama (who shall hereafter be referred to simply as the applicant) to set aside a default judgment obtained against him on 11 February 1976 in an action commenced by Messrs. Soli and Amadu Seidu (who shall hereafter also be referred to simply as the respondents, and where necessary as the first or the second respondent respectively). The application itself is brought under the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 36, r. 18, and its propriety is not in issue. The brief facts of the case which have provoked the application may be stated as follows. On 19 February July 1975, the respondents as shareholders and directors of a limited liability company incorporated in Ghana under the name of Mencilo & Co., Ltd. issued out of this court, an originating motion on notice against the applicant, claiming among other reliefs (a) the removal of the applicant as managing director of the company and (b) an order for accounts of all mone...