[2020]DLCA8861March 13, 2020Court of Appeal

CONSOLIDATED SUITS MIRFIELD PROPERTIES LTD. vs. BOARD OF DIRECTORS OF STARWIN, I. C. SECURITIES LTD AND DANNEX CO. LTD AND JUSTICE AWUKU-SAO, DR. ALBERT G. BOOHENE, DR. OFFEI-ABOAGYE AND SAMUEL ANTHONY-DE ABBA vs. I. C. SECURITIES LTD AND DANNEX CO. LTD

TORKORNOO, JSC: This is the fourth forum to which the appellants in this consolidated suit have appealed regarding their grievance. There are two suits that have travelled on the same routes to the Court of Appeal. The Appellants in the first suit are Mr. Justice Awuku Sao, Dr. Albert Boohene, Dr. Offei –Aboagye and Samuel De-Abba, (hereinafter referred to as individual Appellants) who were directors and shareholders of Starwin Products Ltd (Starwin). The Appellant in the second suit is Mirfield Properties Ltd, a shareholder of Starwin. A brief chronology of the two suits that ended up as a consolidated suit in the Commercial Division of the high court is as follows: In 2013, the public company Starwin Products Ltd (Starwin) decided to raise 10 million Ghana cedis through the issuing of new shares. The shareholders passed special resolutions on 19th June 2013 authorizing this transaction. On 11th December 2013, IC Securities, was appointed as the Transaction Adviser for this.....