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ERNEST KOJO BONSU V. HGS LIMITED, STEPHEN KARL TIMMS AND PHILIP STEPHEN PHILLIPS

(2015) JELR 69033 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H3/249/15  •  22 Oct 2015  •  Ghana

Coram
KUSI-APPIAH JA (PRESIDING), ACQUAYE JA, AGYEMANG (MRS.) JA

Appearances
MR. KWAME A. YANKYERA FOR THE PLAINTIFF / APPELLANT,MR. J. M. S. HAYFRON-BENJAMIN FOR THE DEFENDANTS / RESPONDENTS

Judgement

JUDGMENT

AGYEMANG, JA

In this interlocutory appeal, the appellant herein seeks to have the ruling of the court below set aside, and for this court to make an order for a forensic audit of the first defendant/respondent company to be carried out by Ernst and Young, a firm of Chartered Accountants. This was said to be in accordance with the agreement of the parties reached earlier, aimed at determining the value of the first defendant/respondent (referred to hereafter as the first respondent).

The determination of the value of the first respondent company was contained in the ruling of the court below of 20th December 2013. The purpose was to inform the buying out of the ten percent share of the appellant herein in the first respondent, by the other respondents. The order followed an application brought by the respondents herein under S.218 of the Companies’ Act 1963 Act 179 as remedy for alleged oppression of the appellant by the second and third respondents.

The application was brought af…

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