ENABLIS ENTREPRENEURIAL NETWORK GHANA -VRS- TULLOW GHANA LIMITED [2021] GHACA 17 (27 May 2021)

ENABLIS ENTREPRENEURIAL NETWORK GHANA -VRS- TULLOW GHANA LIMITED [2021] GHACA 17 (27 May 2021)

The plaintiff, as a company limited by guarantee, properly instituted the action in accordance with its regulations and company law; a directors' resolution is not required for a company to sue in its own name.

Citation
[2021] GHACA 17
Parties
Plaintiff/respondent: Enablis Entrepreneurial Network Ltd.; Defendant/appellant: Tullow Ghana Ltd.
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
27 May 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Corporate Capacity, Company Litigation, Directors' Powers, Shareholders' Resolutions
Source Language
English
Company Law Civil Procedure Corporate Capacity Company Litigation Directors' Powers Shareholders' Resolutions

Case Brief

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Parties

Enablis Entrepreneurial Network Ltd.

Plaintiff/respondent

Tullow Ghana Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff had capacity to institute the action
  2. 2 Whether a company requires a directors' resolution to sue
  3. 3 Whether the plaintiff was the proper party to bring the action

Ratio Decidendi

The plaintiff, as a company limited by guarantee, properly instituted the action in accordance with its regulations and company law; a directors' resolution is not required for a company to sue in its own name.

Court Disposition

appeal dismissed

Orders

  • Ruling of the High Court delivered on 5th March, 2019 affirmed
  • Ground (a) of appeal struck out as abandoned