Attitsogbe wins directorship case

The Appeal Court has ruled that Mr Ramson Divine Attitsogbe is a director of CFC Construction Company Limited. The Court composed of Justice A. A. Benin (presiding), S. T. Farkye and Justice Rose Owusu, ruled that:

"By unanimous decision of the Court, the appeal by the defendant/appellant (Mr Attitsogbe) is allowed in part to the extent that his removal as a director is set aside.

"All other grounds of appeal are dismissed. Accordingly, the trial court's judgement and orders are affirmed in all other respects." The court awarded two million cedis costs to Mr Attitsogbe. In a long-running court battle, CFC Construction Company Limited issued a writ of summon against Mr Attitsogbe claiming that he had been removed as a director of the company in accordance with the Companies Code 1962 (Act 179).

It also claimed another declaration that Mr Attitsogbe was not a shareholder of the company, should account for all property in his possession and sought a perpetual injunction restraining him, his personal representatives or any person whatsoever from holding himself out as director of the company.

The High Court dismissed the counter-claim of Mr Attitsogbe claiming 39.14 million cedis from the company for salaries, allowances and compensation since 1986 and he appealed against the judgement.

The Appeal Court upholding his views on that score ruled: "The important issue is the question of whether the defendant/appellant (Mr Attitsogbe) was removed as a Director at any duly constituted extraordinary general meeting."

The Appeal Court said Mrs Rita Read, the second plaintiff, in her evidence in-chief did not testify to any meeting at which Mr Attitsogbe was removed as Director. "The categorical denial by (Mrs Read) that there was any meeting on 13 September 1991 by the Directors of (CFC Company) to remove (Mr Attitsogbe) as Director clearly shows that there could not have been any proper meeting at which (Mr Attitsogbe) was removed as Director.

"In this regard, the learned trial judge erred in holding that the Defendant/Appellant (Mr Attitsogbe) was removed as a Director of (CFC Company). "Since (Mr Attitsogbe) was not removed as a Director of (CFC Company), it was wrong for the trial judge to grant an order of perpetual injunction restraining (Mr Attitsogbe), his personal representatives or any person whatsoever claiming through him from holding or acting as a Director of the (Company).

"Accordingly the perpetual injunction order is set aside." The Appeal Court said the judgement of the High Court that Mr Attitsogbe was not a shareholder of CFC Company should account for all properties in his possession and his counterclaims should not be disturbed.