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MIRFIELD PROPERTIES LTD V. STARWIN PRODUCTS (SPL) AND K. SECURITIES (GH) LTD

(2016) JELR 63651 (CA)

Court of Appeal  •  CIVIL APPEAL NO.:H1/48/2016  •  24 Nov 2016  •  Ghana

Coram
S.E. KANYOKE JA (Presiding), A.M. DORDZIE JA, I.O. TANKO AMADU JA

Judgement

A.M.DORDZIE (MRS), J.A.:

FACTS:

The 1st Respondent/Respondent is a company that manufactures pharmaceuticals. The 2nd Respondent is a financial advisor and sponsoring broker of the 1st Respondent Company. I will refer to the parties as appellant and respondents.

The Appellant herein is a majority shareholder and member of the 1st Respondent Company. The 1stRespondent Company issued notice to its members (notice is dated 10/4/2013) inviting them to its 10th Annual General Meeting (AGM) on the 19th of June 2013.

The notice contained the agenda for the meeting; the contents of the agenda had among others the following:

(a) “To authorize the Directors to issue additional shares through a renounceable rights issued to raise up to GH¢10, 000,000 (Ten Million Ghana Cedis) in accordance with the regulations of the company, the Companies Code, 1963 (Act 179) and other relevant laws and regulations and subject to prior approval of the Ghana Stock Exchange.

(b) To authorize the Directors to offer any …

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