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DR. KWAME OWUSU V. FAIRFAX OIL SERVICES LTD AND ANOTHER

(2018) JELR 66944 (HC)

High Court  •  SUIT NO. CM/0051/16  •  8 Feb 2018  •  Ghana

Coram
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Appearances
YVONNE AKUFFO-ADDO FOR KWAME BOAFO AKUFFO FOR THE PLAINTIFF ,BAFFOUR GYAWU BONSU ASHIA FOR THADDEUS SORY FOR DEFENDANTS

Judgement

KOOMSON J.

1. Interpretation of contract

2. Transfer of shares by a company – requirements

3. Offer of shares by a company to an employee-shareholder - factors to consider

4. Damages for constructive termination of employment

5. Sections 22, 56, 57, 59, 61, 62 of the Companies Act 1963 (Act 179)

The Plaintiff by his amended writ of summons issued on the 18th March, 2016, asked for the following reliefs:-

a. A declaration that the Plaintiff is entitled to 2% of the shares in the 2nd defendant company as per his contract of employment.

b. A declaration that the Plaintiff is entitled to 5% of the shares in the 1st defendant company as per his contract of employment.

c. An order directed to the 2nd defendant company to transfer 2% of its shares to the plaintiff.

d. An order directed to the 1st defendant to transfer 5% of its shares to the Plaintiff.

e. An order directed to the defendant companies, its privies, assigns and agents not to conduct themselves in any manner whatsoever which may affect the…

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