[2012]DLSC2597 • April 26, 2012 • Supreme Court •
THE REPUBLIC vs. HIGH COURT (COMMERCIAL DIVISION) ACCRA, EX-PARTE; NII ARMAH OBLIE
The plaintiffs instituted a suit in the High Court Commercial Division against the applicant, claiming declarations of share ownership and directorship in a company, an order for the applicant to account for stewardship, appointment of an interim management committee, and an injunction restraining the applicant from managing the company. The High Court granted an interim injunction ordering the applicant to return company proceeds held in his personal account to the company's bank account. The applicant was committed to prison for 60 days for non-compliance with this order, and an application to set aside the committal was dismissed, leading to this application to the Supreme Court.
read moreATUGUBA, J.S.C: The applicant moves this court for “an Order of Cetiorari directed to the High Court, (Commercial Division) Accra, Coram: His Lordship, Mr. Justice George Atto Mills-Graves, to bring up into this Hon. Court to be quashed, the Proceedings, including the Rulings and Orders of the said High Court, dated the 19th day of October 2011, and the 31st day of October, 2011, in the Suit No. OCC.1/11, entitled: 1. Marcelo Navarro Batas, 2. Balbino Borinaga Jr. 3. Nii Adam Addy v. 1. Nii Armah Oblie 2. Osekan Resort Limited;” The brief facts of the case are that the interested parties instituted an action in the High Court (Commercial Division), Accra against the applicant claiming “i. A declaration that 1st and 2nd Plaintiffs own 90,000,000 shares each in 2nd Defendant Company whiles 3rd Plaintiff and 1st Defendant own 5,000,000 shares each in 2nd Defendant Company. ii. A declaration that the Plaintiffs and 1st Defendant are Directors of 2nd Defendant Company. iii. An o...