Atadja Vrs Afadjato Specialist and Others [2023] GHAHC 283 (8 August 2023)

Atadja Vrs Afadjato Specialist and Others [2023] GHAHC 283 (8 August 2023)

The court's jurisdiction was not properly invoked for the reliefs sought. Determination of investment value requires oral and documentary evidence, not an interlocutory application. It is not fair or just to saddle Respondents with audit costs or grant the application as presented.

Citation
[2023] GHAHC 283
Parties
Plaintiff/applicant: Peter Atadja; Defendants/respondents: Afadjato Specialist & 2 Ors
Court
High Court
Jurisdiction
Ghana
Judgment Date
8 August 2023
Procedural Posture
Commercial / Ruling on Interlocutory Application
Outcome
Application dismissed
Legal Topics
Forensic Audit, Financial Statements, Shareholder Investment, Interlocutory Applications
Source Language
English
Commercial Law Company Law Forensic Audit Financial Statements Shareholder Investment Interlocutory Applications

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Parties

Peter Atadja

Plaintiff/applicant

Afadjato Specialist & 2 Ors

Defendants/respondents

Procedural Posture

Commercial / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the court should order a forensic audit of the 1st and 2nd Defendants' financial activities
  2. 2 Whether the court should order production of financial statements and determine the true value of investment and shareholding

Ratio Decidendi

The court's jurisdiction was not properly invoked for the reliefs sought. Determination of investment value requires oral and documentary evidence, not an interlocutory application. It is not fair or just to saddle Respondents with audit costs or grant the application as presented.

Court Disposition

Application dismissed