REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE BRENYA AND ANOTHER

JUDGEMENT Acquah JSC. Delivered the judgment of the court. On 29 May 2001 we unanimously granted the applicant’s prayer for certiorari and consequently quashed the proceedings and orders of the High Court, Accra (Benin JA) dated 12 May 2000 and 19 January 2001. We reserved our reasons which we now proceed to deliver. Towards the latter part of the 1980s, John K Dolphyne took out a writ of summons at the Circuit Court, Sekondi against Speedline Stevedoring Co Ltd and S E Brenya seeking damages for fraud, and a declaration that he is a member and director of Speedline Stevedoring Co Ltd. In the accompanying statement of claim, Dolphyne averred that sometime in October 1976, he and three other named persons agreed to establish the Speedline Stevedoring Co Ltd (hereinafter referred to as the company). They invited Mrs Brenya to attend a company meeting but she designated her husband, Mr Brenya, to attend instead. At that meeting, Mr Brenya was appointed company secretary. The fo.....