[1989]DLHC594 • December 4, 1989 • High Court
IN RE DICKSON ALIAS APPAH (DECD.); ABOAGYE AND ANOTHER vs. QUAYSON AND ANOTHER
The parties, minority and majority shareholders respectively, and both directors of Bob Kwame and Co. Ltd., were in dispute following the removal of the appellant (minority shareholder and deputy managing director) as a director by a board meeting convened by the first respondent (majority shareholder and managing director). The appellant alleged illegal removal and exclusion from company management, seeking declarations and interim reliefs to restrain the respondent from dealing with company affairs and to preserve company assets pending determination of the substantive application.
read moreJUDGMENT OF ESSIEM J.A. The appellant has appealed against the refusal of the High Court (coram Lamptey J.A. sitting as an additional judge of the High Court) to grant him certain interim reliefs he sought from the court. The appellant had commenced proceedings in that court by an originating motion on notice under relevant sections of the Companies Code, 1963 (Act 197), seeking a number of reliefs. The motion was supported by a 45-paragraph affidavit in which he made a number of allegations of misconduct and mismanagement in connection with the affairs of Bob Kwame and Co. Ltd. against the first respondent. It was three days after filing the originating motion on notice that he applied to the High Court for an order of interim injunction, interim preservation of property and the appointment of a receiver and manager. The full prayer was for an order of: “(a) interim injunction restraining the first respondent from dealing with the company’s affairs, operating its var...