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GANMENS CLINIC LTD V. ALBERT KOFI MENSAH

(2011) JELR 65606 (CA)

Court of Appeal  •  CIVIL APPEAL NO:HI/48/11  •  25 Nov 2011  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Appearances
FELIX AMOAH ESQR. FOR PLAINTIFF/APPELLANT,OHENE AMANKWAH GYAN ESQR. FOR KOFI ADDO FOR DEFTENDANT RESPONDENT.

Judgement

IRENE C DANQUAH JA

The Plaintiff, a Limited Liability Company incorporated under the laws of Ghana with its registered office at H/No.BE 813 Nkwontwima-Busuma, Kumasi, instituted this action per its Managing Directress, Dip.lng Monika Mensah Offei who is a shareholder and Director of the Company. The Defendant, Albert Kofi Mensah Offei is the other shareholder and Director of the Plaintiff’s Company. The Company’s authorized business is to run a clinic and health services.

The Plaintiff’s claim against the Defendant is for;

1. An order to compel the Defendant to open the laboratory and workshop and to return the anesthesia machine of the Plaintiff’s Clinic.

2. Damages for trespass.

3. Perpetual injunction restraining the Defendant from interfering with the smooth running of the Clinic.

The Defendant filed Notice of Appearance accompanied by a Statement of Defence which included a counterclaim for;

a. A declaration that the Defendant is an equal shareholder with Dip.lng Monika Mensah Offei in…

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