AMOS WEDZI vs. RICHARD WEDZI & HOTEL MAJORIE ‘Y’. LTD

TANKO AMADU J.A (1) This appeal emanates from the judgment of the High Court (Commercial Division) Accra, dated 21st May 2014 wherein the Applicant/Appellant’s originating notice of motion filed pursuant to Sections 217 and 218 of the Companies Act 1963 (Act 179) was dismissed. In this judgment, I shall refer to the Applicant/Appellant simply as the Appellant and the Respondents/Respondents as the Respondents. (2) Before I proceed to deal with the substance of the appeal, it is important to determine an issue of law which relates to the propriety of the Appellant’s form of action at the Court below which the Respondents’ counsel has raised for the first time in this appeal. This is because implicit in that issue, is the question of the jurisdictional competence of the Court below in entertaining the Appellant’s action when its jurisdiction may have been wrongly invoked. In paragraph 3 of the Respondents’ counsel’s submission it was submitted as follows:- “3 Can ...