[2013]DLHC9088December 17, 2013High Court

LISTER MEDICAL SERVICES, SAMUEL ANNOH, KOFI BUCKMAN, KWAME ADDO AND GEORGE OKOH VS. DR. EDEM K. HIADZI AND SYLVANUS TETTEH-TAMAKLO

This is a Motion on Notice, at the instance of the 154 Respondents seeking an order striking out the Notice of Motion for Rectification of the register. The facts in brief leading to the instant application are that Applicant/Respondent had by notice of motion filed, on 19" of August 2013 sought a rectification of the Register to correctly state the shareholders of Class 'A' Shares of Lister Medical Services Limited in a manner in which he set forth in his application. In arguing his application, 1st Respondent/Applicant, contended that the nature of reliefs sought take the Notice of Motion out of the jurisdiction of the Court contemplated by Section 35 of the Companies Act 1963 Act 179. That the Act contemplates a summary jurisdiction to deal with simple, straight forward, undisputed matters relating to the register of a company. However, the reliefs sought raise controversial, disputed and complex issues which would normally require an enquiry or an interrogation in the name of a...