Company law notes
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Company Law Brief notes
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- ADOMAKO v ENTERPRISE INSURANCE CORPORATION LTD
| CASES REFERRED TO
Company law cases ABOAGYE v TETEVI This is an application by Samuel Aboagye (hereinafter referred to as the applicant) invoking sections 217 and 218 of the Companies Code, 1963 (Act 179), for an order of the court: that (a) Anthony Komla Tetevi do submit to the board of the company a full written report of the operations of the company including details of contracts and accounts commencing from 1975; and (b) the purported transfer by Herman Seshie of his shares to Miss Florence Anku be declared null and void. It is clear in the supporting affidavit that the applicant and the two respondents are all shareholders and directors of the Homeset Co., Ltd., and all three members have equal shares. The applicant is also the secretary of the company. The first respondent admits in his opposing affidavit that the applicant is a director and secretary of the company and that all three of them are shareholders. However, counsel for the first respondent has raised a preliminary point that the application be dismissed on the grounds that the plf had come court as a director and not a member and that section 218 permits only members and debenture holders to bring such actions. HELD
debentureholder could bring an application under the section. Also where the powers of the directors were being exercised in disregard of the interests of an officer of the company such an officer who was a member could equally proceed under section 218. Therefore a member or shareholder who was also a director or secretary or employee could bring an application under section 218 of the Code to protect his interests in the company. ADOMAKO v ENTERPRISE INSURANCE CORPORATION LTD Download 31.01 Kb. Share with your friends:
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