[2018]DLHC7038 • February 22, 2018 • High Court
IN THE MATTER OF AN APPLICATION UNDER SECTION 217 OF THE COMPANIES ACT, 1963 (ACT 179) AS AMENDED. EMMANUEL OWUSU SARPONG (APPLICANTS) AND DZIFA AGETEPEY NTIRI vs. AUDIO VISUAL RIGHTS SOCIETY OF GHANA (ARSOG) (RESPONDENTS), RICHARD PREMPEH (BOARD CHAIRMAN ARSOG ACCRA) AND TWUMASI ANKRAH (CHAIRPERSON OF THE ELECTORAL COMMITTEE OF ARSOG)
RULING ON PRELIMINARY OBJECTION By originating notice of motion filed on 5th October 2017, the Applicants sought the following reliefs against the Respondents. (a) A declaration that the purported constitution signed by the 2nd Defendant and Board Secretary on 30th August, 2016 is illegal and of no legal effect to the affairs of the 1st Defendant Company. (b) A further declaration that the purported elections scheduled for Friday 6th October, 2017 is illegal. (c) An order of perpetual injunction against the 1st, 2nd and 3rd Respondents restraining them from proceeding to conduct the said elections on the scheduled date. (d) A declaration that the conduct of the 1st and 2nd Defendants by failing to call for general meetings is illegal. (e) A further declaration that the supposed audited accounts for 2013 to 2015 are illegal and thus do not form part of the official records of the Company. The Respondents raised a preliminary legal objection to the proprietary of the appli...