Wedzi Vrs Hotel Majorie 'y' Ltd [2017] GHASC 42 (8 December 2017)

Wedzi Vrs Hotel Majorie 'y' Ltd [2017] GHASC 42 (8 December 2017)

The Supreme Court held that the Court of Appeal was justified in refusing to consider the additional ground of appeal filed without leave, but in the interest of justice, the Supreme Court itself considered the ground and found no merit in the argument that the sale of Welbeck Kwesi Wedzi's shares should be declared a nullity, as Welbeck had participated in the transaction and neither he nor his estate challenged it. The appeal was dismissed and the trial court's decision affirmed.

Citation
[2017] GHASC 42
Parties
Plaintiff/respondent: Amos Wedzi; 1st Defendant/appellant/appellant: Hotel Majorie 'Y' Ltd; 2nd Defendant: Richard Yao Wedzi; 3rd Defendant/respondent/respondent: Michael Yao Monyo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 2017
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed; judgment of the trial court affirmed.
Legal Topics
Share Forfeiture, Directors Removal, Company Regulations, Natural Justice, Appeals Procedure
Source Language
English
Company Law Share Forfeiture Directors Removal Company Regulations Natural Justice Appeals Procedure

Case Brief

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Parties

Amos Wedzi

Plaintiff/respondent

Hotel Majorie 'Y' Ltd

1st Defendant/appellant/appellant

Richard Yao Wedzi

2nd Defendant

Michael Yao Monyo

3rd Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in refusing to consider an additional ground of appeal filed without leave
  2. 2 Whether the sale and forfeiture of Welbeck Kwesi Wedzi's 20% shares should be declared a nullity
  3. 3 Whether the trial court was correct in reversing the forfeiture and sale of Amos Wedzi's 20% shares and his removal as director

Ratio Decidendi

The Supreme Court held that the Court of Appeal was justified in refusing to consider the additional ground of appeal filed without leave, but in the interest of justice, the Supreme Court itself considered the ground and found no merit in the argument that the sale of Welbeck Kwesi Wedzi's shares should be declared a nullity, as Welbeck had participated in the transaction and neither he nor his estate challenged it. The appeal was dismissed and the trial court's decision affirmed.

Court Disposition

Appeal dismissed; judgment of the trial court affirmed.