KWESI LIVINGSTONE V. KEN KWAKU AND 2 ORS

TANKO AMADU J.A

(1) This appeal lies from the ruling of the High Court (Commercial Division) Accra dated the 10th day of October, 2016. In the said ruling, the Trial Court determined and dismissed a motion which challenged the capacity of the Applicant/Respondent to commence the action.

(2) BACKGROUND:

By an originating notice of motion pursuant to Sections 217 and 218 of the Companies Act 1963 (Act 179), the Applicant/Respondent (hereinafter referred to as the Respondent) sought the following reliefs against the Respondents/Appellants (hereinafter referred to as the Appellants).

“(i)A Declaration that the call made on the Applicant’s shares in 3rd Respondent valued at Gh₡727,027.00 and dated September 4th, 2015 is irregular and same is invalid.

(ii)A Declaration that the unilateral exercise of the shareholders right to appoint directors of 3rd Respondent is unlawful and that all such appointments are invalid.

(iii)An order of perpetual injunction restraining Respondents from making any boa…