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J. A. ANGME V. UPPER QUARRY LTD, AT-ERNEST DAWLAH AND THE ATTORNEY GENERAL

(2019) JELR 67846 (CA)

Court of Appeal  •  SUIT NO. H3/8/2018  •  29 Mar 2019  •  Ghana

Coram
OFOE J.A. (PRESIDING), TORKORNOO (MRS) J. A., AGBEVOR J.A.

Appearances
MOHAMMED ALHASSAN FOR PLAINTIFF/APPELLANT,ROBERT TAFER FOR 1ST AND 2ND DEFENDANTS /RESPONDENTS

Judgement

JUDGMENT

TORKORNOO (MRS), J.A.

This is an appeal from a decision of the High Court sitting in Bolgatanga. As at 2004, when the transaction that led to the complaint of the Plaintiff/Appellant (hereinafter referred to as Appellant) was started, the Appellant operated in three different capacities in three of the businesses involved in the dispute.

He worked as the Managing Director of an entity called Upper Regional Development Company (URDECO). URDECO owned 30% of the shares in the 1st Respondent Company. By reason of the Appellant’s position as Managing Director of URDECO, he was the representative of URDECO and Chairman of the board of directors of the 1st Respondent Company. He was also the proprietor behind a business name registered as Anaboro Enterprise which took steps to buy the shares of URDECO in the 1st Respondent.

URDECO was put up for liquidation under the direction of the Divestiture Implementation Committee. The appointed liquidator was the 2nd Defendant/Respondent. The 3rd…

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