[2018]DLHC3339 • February 9, 2018 • High Court
HANNAH ASANTE AND FRANCIS ASANTE vs. KWADJO ASANTE CONTRACT LIMITED AND OTHERS
The applicants, legal personal representatives and children of the deceased Madam Rosina Austin Asante, alleged that the 1st respondent company was being managed in breach of its regulations and the Companies Act, 1963 (Act 179). They challenged the appointment of certain directors and the operation of a bank account, asserting their entitlement to 50% shares as representatives of the deceased shareholder. The respondents opposed the application, except the 7th respondent who did not participate.
read moreBy an originating motion on notice filed on the 7th June 2017, the applicants herein pray the court for the following reliefs: (i) A declaration that the 1st respondent company is administering its business and carrying on its affairs in a manner that does not comply with its Regulations and the Companies Act, 1963 (Act 179) (ii) A declaration that the appointment of the 2nd, 3rd and 4th respondents as directors of the 1st respondent company is wrongful and does not comply with the Regulations of the 1st Respondent and the Companies Act, 1963 (Act 179). (iii) A declaration that the affairs of the 1st respondent company over the period from 23rd December, 2010 till date were conducted and are being conducted in breach of sections 99, 124, 125 and 131 of the Companies Act, 1963 (Act 179). (iv) A declaration that the 5th and 6th respondents do not have any locus to control and/or manage the affairs of the 1st respondent company. (v) A declaration that the entry of the names of the 2n...