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AMOS WEDZI V. HOTEL MAJORIE ‘Y’ LTD, RICHARD YAO WEDZI AND MICHAEL YAO MONYO

(2014) JELR 68676 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/45/2013  •  7 May 2014  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), ANSAH J.S.C., BAFFOE BONNIE J.S.C., GBADEGBE J.S.C., AKOTO BAMFO (MRS) J.S.C.

Judgement

JUDGMENT

BAFFOE-BONNIE JSC.

The facts leading to this appeal are fairly simple and uncontroverted. When the appellant company was formed the initial share holding structure was as follows; 60% to the 2nd Defendant Richard Yao Wedzi, 20% to plaintiff/respondent Amos Wedzi and 20% to Welbeck Wedzi (now deceased). These three persons were also the first Directors of the company, For some reasons which are not necessary for the resolution of this appeal, the 2nd defendant and Welbeck Wedzi purported toforfeit the 20% shares of the plaintiff and sold same together with the 20% shares of Welbeck Wedzi for $350,000 to the 3rd def/resp/resp, Michael Yao Monyo. The plaintiff was also removed as a director of the company and the 3rd defendant was made a Director in his stead

Aggrieved by the forfeiture of his shares and removal as director, Amos Wedzi hereafter the plaintiff, brought an action before the High court challenging the procedure for the forfeiture and sale of his 20% shares. After a le…

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