CHRISTOPHER A. MENSAH V. G.K. OBIRI AND 2 ORS.

GBADEGBE, JA.

The judgment of the court was read by Gbadegbe J.A. at the invitation of Baddoo J. A.

My lords, the question with which we are concerned in these proceedings in my view turns upon the determination of a simple question which may be posed thus: Was the Applicant/Respondent entitled to be allotted the l0% shares contained in a special resolution by the 3rd Defendant/Appellant company dated 3rd August 1986? There is no doubt that this question essentially was the main plank of the controversy at the trial with the other reliefs dependent upon its resolution in that it raised the question whether the applicant (respondent herein) was a member of the said company within the intendment of Section 30 of the companies Code, Act 179?

At the trial, while the applicant contended that he was, the respondent contended to the contrary. At the end of the trial, the learned trial judge in his delivery, the subject matter of these proceedings, made a determination in favour of the responden…