HOOPER AND ANOTHER V. OILS & FATS CO LTD AND OTHERS

OFORI-BOATENG JA.

This is an appeal against the ruling of Benin J presiding over the High Court of Cape Coast. Briefly the facts are as follows: The respondents in this appeal, took a specially endorsed writ under the High Court (Civil Procedure) Rules 1954 LN 140A, Order 3 r 6 in which they claimed:

1. A declaration that Madam Mary Crentsil was a member of the 1st appellant (Oils and Fats Co Ltd) in her life time holding 15,000 shares of no par value and that the 1st respondent Grace Hooper by operation of law was entitled to those shares.

2. A declaration that the 2nd respondent Madam Ama Aferba was a member of the appellant company holding 30,000 shares of no par value.

3. A declaration that the appointment of the 2nd, 3rd, 4th and 5th appellants as directors of the 1st appellant-company was void as against the Companies Code (1963) Act 179.

Counsel for the appellants entered a conditional appearance for 1st, 2nd, 4th and 5th appellants and subsequently filed a defence for them. After …