[2013]DLSC2756 • July 19, 2013 •
SAM JONAH vs. RICHMOND AGGREY, YONI KULENDI AND KULENDI @ LAW
The appellant, Sam Jonah, claimed beneficial ownership of shares in Scancom Ghana Limited based on a Share Sale and Purchase Agreement with Richmond Aggrey (1st defendant). The appellant alleged that Aggrey held shares in trust and that a Support Agreement existed whereby Aggrey undertook to repay a loan advanced by the appellant. The appellant contended that the 2nd and 3rd defendants, Yoni Kulendi and Kulendi @ Law, were aware of these agreements and breached their professional duties by settling a related suit without his consent and improperly disbursing settlement funds, including a success fee not negotiated with him.
read moreANIN YEBOAH JSC: This appeal is before us from a judgment of the Court of Appeal, Accra which affirmed the judgment of the High Court, (Commercial Division), Accra. The facts of this appeal appear not to be in any controversy whatsoever as from the record of proceedings before us the case at the trial High Court did not progress beyond the close of pleadings. The case was summarily dismissed on the grounds that the statement of claim did not disclose any reasonable cause of action against the respondents herein. Now the facts as presented by the Court of Appeal. The Plaintiff/Appellant/Appellant who for sake of brevity shall henceforth be referred to as the appellant issued a writ of summons against 2nd and 3rd Defendant/Respondent/Respondent herein who shall in these proceedings be referred to as the respondent. On the 9/07/2009, the appellant herein by a motion ex parte sought leave to issue writ of summons and serve notice thereof out of the jurisdiction. The motion was grante...