[2019]DLCA7714November 19, 2019Court of Appeal

IN THE MATTER OF AN APPLICATION PURSUANT TO SECTIONS 217 AND 218 OF THE COMPANIES ACT, 1963 (ACT 179) AND IN THE MATTER OF AFRICAN CONCRETE PRODUCTS LIMITEDAND IN THE MATTER BETWEEN JOHAN GERALD KNOL, DIANA VICKI KNOL AND JUSTICE KWASI BOAKYE AS ADMINISTRATOR OF THE ESTATE OF ABRAHAM RICHARD BOAKYE (APPLICANTS/RESPONDENTS) vs. CARL FRANCIS RICHARDS, SOLOMON QUANDZIE AND AFRICAN CONCRETE PRODUCTS LIMITED (RESPONDENT/APPELLANTS)

HENRY A. KWOFIE (JA): By an originating Motion on notice the applicants herein by way of an application made under Section 217 and 218 of the Companies Act 1963 (Act 179) and also under Order 19 rule 1(2) of the High Court (Civil Procedure) Rules 2004 C.I. 47 sought the following reliefs: a) A declaration that the affairs of the 3rd Respondent Company are being conducted and the powers of the directors are being exercised by the 1st Respondent in a manner oppressive to the Applicants and in disregard of the Applicant’s proper interests as shareholders of the 3rd Respondent Company. b) An order compelling the Respondent to render full and proper accounts of the financial affairs of the 3rd Respondent Company c) An order dissolving the current Board of Directors of the 3rd Respondent Company d) An order removing the 1st Respondent as a Chief Executive Officer of the 3rd Respondent Company e) An order appointing the three Applicants and Dr. Kwadwo Boakye as members of th.....