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Ghana decisions
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BOYA VRS MARIO DE CATALDO (J4/41/2015) [2024] GHASC 1 (13 March 2024)
The Supreme Court held that the plaintiff proved she was a director and majority shareholder of Cottage Italia Industries Ltd and granted partial relief.
Affram & Anor Vrs Owusu-twumasi & 2 Ors [2023] GHASC 6 (15 February 2023)
1st Plaintiff is the beneficial owner of 43% shares in 2nd and 3rd Defendant companies, held on constructive trust by 1st Defendant. Transfer of shares without consent is void in equity. Reliefs for declaration of void share transfers affecting third parties are refused. 2nd Plaintiff's claim fails as he voluntarily relinquished shares and directorship. Valuation report tendered by 1st Plaintiff is rejected as self-serving; independent valuation ordered. Orders for accounts and registration of shares in 1st Plaintiff's name granted.
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Affram & Anor Vrs Owusu-twumasi & 2 Ors [2023] GHASC 39 (15 February 2023)
1st Plaintiff is the beneficial owner of 43% shares in 2nd and 3rd Defendant companies, held on constructive trust by 1st Defendant. The transfer of shares without consent was void in equity, but declarations affecting third-party rights are refused. 2nd Plaintiff voluntarily relinquished shares and directorship; his appeal fails. Self-serving valuation report is rejected; independent valuation ordered. Defendants must render accounts to 1st Plaintiff. Fraud not sufficiently particularised or proved, but equity and admissions establish beneficial ownership.
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