THE REPUBLIC V. HIGH COURT , ACCRA DIVISION (COMMERCIAL DIVISION) EX-PARTE: ENVIRON SOLUTIONS

RULING

PWAMANG, JSC:-

My Lords, this is an application invoking our supervisory jurisdiction to quash by certiorari the order of the High Court, Commercial Division, Accra dated 25th November, 2019. By the impugned order, the High Court, confirmed the merger of the 1st, 2nd and 3rd Interested Parties (hereafter referred to as the “interested parties”) which are all companies engaged in pharmaceutical manufacturing in Ghana. The applicants are shareholders of the 3rd interested party who for sometime now have been battling changes in the share structure of 3rd defendant in the courts. Those changes resulted in the applicants becoming minority shareholders. On this occasion, their application for certiorari has been brought on four grounds. 1.  Lack of jurisdiction of the High Court to hear the motion for confirmation of the merger, 2. Lack of jurisdiction of the High Court by reason of failure to observe the applicants’ right to a hearing, 3. Actual Bias, and 4. Lack of fair hearing.

The …