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YEBOAH AFIHENE INDUSTRIES LTD. V. PHYLLIS YEBOAH AFIHENE & 5 OTHERS

(2016) JELR 63765 (CA)

Court of Appeal  •  CIVIL APPEAL NO. : H1/59/2016  •  19 Jul 2016  •  Ghana

Coram
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A, A. M. DOMAKYAAREH (MRS) J.A

Judgement

DOMAKYAAREH (MRS),J. A.

1. This is an interlocutory appeal against the Ruling of the High Court (Commercial Division) Kumasi dated 24th September 2014.

The building blocks to this interlocutory appeal are from what we call in local parlance a “family business”. The respondent in this appeal is a limited liability company incorporated under the laws of Ghana. The 1st and 2nd appellants are Shareholders and Directors of the respondent company. They hold minority Shares, both individually and in combination. According to the respondent the 3rd appellant was a shareholder (10%) and Director of the Respondent Company who later “resigned as Director and also tendered in his Shares and was subsequently paid off. The appellants deny this averment. The respondent also averred that the 4th Appellant was a Secretary of the respondent company whose appointment has been terminated. Again the appellants deny this averment. The 5th appellant is one of the executors and administrators pendente lite of …

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