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UNION MORTGAGE BANK V. SERBEH- YIADOM

(1997) JELR 84431 (HC)

High Court  •  4 Jul 1997  •  Ghana

Coram
AKOTO-BAMFO J

Appearances
Dr Seth Twum for the plaintiff-applicant. Ohene for ED Kom for the defendant-respondent.

Judgement

AKOTO-BAMFO J.

It is the prayer of the plaintiff-applicant (here­inafter referred to as the applicant) that the defendant-respondent (hereinafter referred to as the respondent) be, (a) made to sign company Forms 3 and 4 as required by section 27(1) of the Companies Code, 1963 (Act 179); (b) be removed as a director of the company; or (c) that the other directors submit the forms to the Registrar-General without the signature of the defendant and for further orders as this court may deem fit.

The application is supported by an affidavit consisting of seventeen paragraphs. The gist of the applicant's case is that the company was incorporated to carry on business as a bank among other projects. In compliance with the section 27(1) of Act 179, the company applied for a certificate to commence business from the Registrar-General's Department. Section 27 of Act 179 requires that company Forms 3 and 4 be signed by all the directors named in the regulations of the company at the time of the app…

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