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NICHOLSON V. T. F. NICHOLSON LTD AND IN THE MATTER OF THE COMPANIES CODE, 1963 (ACT 179) SECTION 35 (1) (A) AND NICHOLSON V. T. F. NICHOLSON LTD.

(1970) JELR 64857 (HC)

High Court  •  24 Nov 1970  •  Ghana

Coram
ABOAGYE J.

Judgement

ABOAGYE J: This is an application by Mr. Jonathan Arthur, counsel for the defendant-company herein, praying that the originating summons issued by the plaintiff be dismissed as being irregular or wrongly issued. The plaintiff had taken out the originating summons for the determination of the following questions:

“(1) Whether T. F. Nicholson the plaintiff’s deceased father at the date of his death on 7 September 1969, was possessed of 25,001 shares of no par value in the defendant-company.

(2) Whether the plaintiff having on 27 July 1970 obtained letters of administration to his aforesaid deceased father’s estate in Ghana is entitled to have his name entered in the register of members of the defendant-company in substitution for T.F. Nicholson.

(3) Whether the defendant-company is entitled in law to refuse to enter plaintiff’s name in the aforesaid register.

(4) Whether plaintiff is entitled to an order of the court on the defendant-company to rectify the register of members by having hi…

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