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PENTAGON INN LTD. v. OFS MICRO FINANCE

(2019) JELR 107361 (HC)

High Court  •  AP/34/2015  •  12 Apr 2019  •  Ghana

Coram
NICHOLAS M.C. ABODAKPI

Judgement

BY COURT: RULING

This Court has perused and evaluated the affidavit evidence in support and in opposition to this motion filed on 02/11/2017.

The written submissions filed by both sides have also been examined.

The relief, applicant is seeking is an order to lift the corporate veil of the Respondent/Company.

The corporate barrier between the company and the person who constitute or run it may be breached only under certain circumstances namely:

a) When there is sufficient evidence to support it.

b) When the dictates of justice

c) Public policy or

d) Companies code/act so requires.

I have found evidence of improper conduct shown by the owners of the Respondent/Company. The character of the Respondent Company and the nature of persons who are its controlling mind are called into question, as they reneged on releasing the subject matter document to applicant, even after conviction for contempt for the default. And by that there is amble evidence that respondents have …

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