ACHEAMFOUR GROUP LTD, ACHEAMFOUR AND SONS CONST. LTD AND 2 ORS vs COLLINS ANOKYE, PRINCE MENSAH AND 2 0RS

The plaintiffs/respondents were four incorporated companies registered under the laws of Ghana. Their affairs had been managed by, among others, Mrs Sarah Baah Acheamfour and her late husband, Kwabena Baah Acheamfour, who was a shareholder/director during his lifetime. After the death of Kwabena Baah Acheamfour on 3 September 2021, the defendants/appellants, who were said to be employees and not shareholders or directors of the companies, allegedly forcibly took over the operations and management of some of the companies, received monies from their operations, and failed or refused to lodge those proceeds into the companies’ accounts. The companies therefore sued for declarations, accounts, disclosure on oath, and injunctive relief, and subsequently applied for interlocutory and mandatory injunctions to restrain interference with management and to compel surrender of keys to company offices and facilities. Portion of judgment: “the Defendants/Appellants forcibly took over the operation and management of some of the companies… notwithstanding that the companies are duly incorporated… do not hold shares in any of the companies or hold office as Directors… Although employees, the Defendants/Appellants have failed and/or refused to lodge proceeds into the accounts of the companies they have forcibly taken over.”