[2020]DLCA9237 • July 2, 2020 • Court of Appeal
BERTHA ANSAH DJAN vs. PRYCE KOJO THOMPSON & ANR
The appellant and the first respondent were close friends who entered into a business relationship involving Pergah Transport Ltd. The appellant claimed to be the sole shareholder since incorporation in 1999 and alleged that a 2004 transfer of 70% shares to the respondent was unpaid and repudiated. The respondent contended he was the beneficial owner of 70% shares, having financed the company from inception, with the appellant holding shares in trust for him. The dispute arose over ownership and shareholding rights in Pergah Transport Ltd.
read moreBRIGHT MENSAH JA: “Friendship is delicate as a glass, once broken it can be fixed but there will always be cracks.” – author unknown It is common ground from the facts and the available evidence led on record in this case that the plaintiff/appellant hereinafter simply referred to as the appellant, and the 1st defendant/respondent also referred to as the respondent, were very good and close friends. Their friendship is traced to the appellant and the wife of the respondent both being mates in the Nursing Training College in the years gone by. Much later in life, the wife introduced the appellant to the respondent for business purpose. Sadly, they are now in court because there are serious cracks in their friendship and business relationship, resulting in the appellant initiating an action against the respondent, together with the Registrar of Companies as the 2nd defendant. Per a writ of summons issued in the registry of the High Court, Accra [Commercial Division] on 2...