DONNA BROWN (SUING ON BEHALF HERSELF AND HER CHILDREN DAISY ANIMA APRAKU & 2 OTHERS) vs. MARGARET OSEI-BONSU, AKUA SERWAA AND CONCOURSE GHANA LTD

RULING This is an application filed on behalf of the Defendants praying this court to dismiss the instant action on the grounds of capacity. According to the Applicants, though the Plaintiff is the widow of the Managing Director and shareholder of the 3rd Defendant, she lacked the capacity to sue since she had not applied for and had not been granted letters of administration to administer the estate of the deceased. Furthermore, the Applicant contended that the Plaintiff was neither a Director, Shareholder nor Debenture holder in the 3rd Defendant Company within the meaning of section 99(1) of the Companies Act, 1963 (Act 179) in order to assist her maintain the instant suit. The Respondent in opposing the application argued that it had been brought in bad faith as it failed to take into consideration the beneficial interest she had in the deceased’s estate with respect to the shares and its legal implications under the prevailing law. The Respondent argued further that s.....