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NICHOLAS BERNARD ASARE V. DUPAUL WOOD TREATMENT (GHANA) CO LTD DR. KWAME DUFOUR

(2006) JELR 68383 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/25/2005  •  7 Jun 2006  •  Ghana

Coram
MISS AKUFFO J.S.C.(PRESIDING),MRS. WOOD J.S.C,DR. DATE-BAH J.S.C,ANINAKWAH J.S.C,ASIAMAH J.S.C.

Judgement

JUDGEMENT

DR. DATE-BAH, J.S.C.:

Two business partners related by blood fell out. In the wake of this falling out, the courts have had the responsibility thrust upon them to determine the partners’ respective rights and obligations under the Companies Code 1963 (Act 179).

In August 1978, Dr. Kwame Dufour and Mr. Nicholas Bernard Asare subscribed the Regulations of the first defendant/respondent/appellant, which will subsequently be referred to as the first appellant or the appellant company, and incorporated it by registration at the companies’ registry. By that act, they both became shareholders and members of the appellant company. (See Adehyeman Gardens Ltd. v. Assibey [2003-2004] SCGLR 1016). This much is in effect admitted by the appellants’ decision to abandon Ground One in their Notice of Appeal, which had read as follows:

“The Court of Appeal erred by its holding that the Respondent was a member of the Company when at the same time, it accepted the fact that all that the Responde…

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