[1991]DLCA2287 • July 18, 1991 • Court of Appeal
PINAMANG vs. ABROKWA
The applicants, shareholders in Ashanti Furniture Co. Ltd., sought court directions under section 218 of the Companies Code, 1963 (Act 179) alleging oppressive conduct by the managing director, Francis Kwaku Pinamang. They requested an investigation into company affairs, removal of the chairman, and restrictions on Pinamang's conduct. The trial court made several orders including investigation of company affairs, accounting by Pinamang, and valuation of shares for buyout options.
read moreBy an originating motion supported by an affidavit which ran into 26 paragraphs, the two applicants, namely Michael Kwaku Abrokwa and James Adona Mensah, in their capacities as shareholders in Ashanti Furniture Co. Ltd. pursuant to section 218 of the Companies Code, 1963 (Act 179) sought the following directions: (i) “All proper accounts and inquiries be taken or made regarding the conduct of the affairs of the company by Francis Kwaku Pinamang, managing director of the company and that he be made to pay to the company all moneys found due from him to the company on such accounts. (ii) That the current chairman of the company he removed from the board. (iii) That Pinamang be prohibited from conducting the affairs of the company otherwise than in accordance with the valid decisions of the company and that he further be prohibited from regarding the company as if it were his personal property. And for such further or other orders this honourable court will seem fit.” After a pr...