HOOPER AND ANOTHER vs. OILS & FATS CO LTD AND OTHERS

OFORI-BOATENG JA. This is an appeal against the ruling of Benin J presiding over the High Court of Cape Coast. Briefly the facts are as follows: The respondents in this appeal, took a specially endorsed writ under the High Court (Civil Procedure) Rules 1954 LN 140A, Order 3 r 6 in which they claimed: A declaration that Madam Mary Crentsil was a member of the 1st appellant (Oils & Fats Co Ltd) in her life time holding 15,000 shares of no par value and that the 1st respondent Grace Hooper by operation of law was entitled to those shares. A declaration that the 2nd respondent Madam Ama Aferba was a member of the appellant company holding 30,000 shares of no par value. A declaration that the appointment of the 2nd, 3rd, 4th and 5th appellants as directors of the 1st appellant-company was void as against the Companies Code (1963) Act 179. Counsel for the appellants entered a conditional appearance for 1st, 2nd, 4th and 5th appellants and subsequently filed a defence for them. After coun...