IN RE WEST COAST DYEING INDUSTRY LTD; ADAMS AND ANOTHER vs. TANDOH

The appellant, claiming to be a director and shareholder of West Coast Dyeing Industry Ltd. and related companies, alleged oppressive conduct by the respondent, the managing director and majority shareholder, who had dismissed the appellant from directorships and managed the companies' affairs to his own benefit. The appellant sought relief under sections 218, 220, and 222 of the Companies Code, 1963 (Act 179), including declarations that his dismissal and certain company transactions were null and void, and requested the appointment of inspectors to investigate the companies' affairs. The respondent denied the allegations, contending the appellant was never a bona fide shareholder but a nominee with no paid shares, and accused the appellant of fraudulent misappropriation of company funds, justifying his summary dismissal.

JUDGMENT OF ABBAN J.A. Originally there were two appellants. But when the appeal was called for hearing, learned counsel for the second appellant announced to the court that his client was no longer pursuing the appeal and in consequence thereof he had filed “notice of withdrawal of appeal.” The court in the circumstances dismissed the appeal of the second appellant, Charles Tetteh Darko, and awarded costs of ¢2,000 against him and in favour of the respondent. Thus, so far as the second appellant is concerned, the judgment entered against him in the court below stands with full force and effect. The first appellant alone pursued the appeal in this court and for the sake of brevity he will, hereafter, be referred to simply as the appellant. The appellant brought an application in the High Court, Accra under sections 218, 220 and 222 of the Companies Code, 1963 (Act 179), asking for certain reliefs against the respondent in respect of a company known as West Coast...