Audio By Carbonatix
The District Court in Texas has thrown out a motion which prayed it to temporarily restrain the businessman who has sued Scan com Ghana Limited over his 20 per cent shares and three others from pursuing an action in Ghana.
On September 18, 2008, Investment Consortium Holdings, SA(Investcom), the majority shareholders of MTN and Scancom Ghana Limited, prayed the court to stop the businessman, Mr Richmond Aggrey, Mr Christian C. Wilmot of WCW International Inc and Grandview Management Limited from pursuing an action in Accra which they said had the potential of preventing them (lnvestcom and Scancom) from seeking arbitration in the shareholding dispute.
However, Mr Aggrey, on October 15, 2008, filed a motion praying the Texas court to dismiss the action of Investcom and Scancom on the grounds that they had failed to establish how they would suffer irreparable loss if the injunction was not granted.
Additionally, Grandview Management filed another motion at the High Court in Accra, praying the court to restrain Investcom and Scancom from pursuing the action at the Texas court.
Grandview's motion has been fixed for hearing at the Commercial Court in Accra Monday, April 20, 2009.
An order signed by Mr Justice David Hittner, a copy of which is available to the Daily Graphic, said, "In fact, the plaintiffs (Investcom and Scancom) presented no evidence that the Ghana court lacks jurisdiction to grant all reliefs sought in this suit by Investcom and Scancom against Grandview, Mr Wilmot of WCW International and Mr Aggrey."
According to the court, the plaintiffs had failed to show that an injunction order restraining them from pursuing the action at the Texas court was imminent "or that plaintiffs would be precluded from appealing any such decision of the Ghana Court".
The Texas court further held that all the material witnesses resided in Ghana, while the relevant documents were located in Ghana.
It stated that it had found from the evidence available that "the threatened injury to the defendants (Mr Aggrey, Mr Wilmot, WCW International and Grandview Management) far outweighs any threatened injury to the plaintiffs (Investcom and Scancom)", adding that it would, therefore, not entertain the arguments from the defendants.
In the substantive matter in Accra, Mr Aggrey has sued lnvestcom, Scancom and Grandview Management over unlawful takeover of his 20 per cent shares in Scancom Ghana Limited
Mr Aggrey began giving evidence on April 28, 2008 following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006 and signed by Mr K.A. Ohene-Obeng; a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders' list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.
Source: Daily Graphic
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
King Tackie Teiko Tsuru II launches maiden Ga Mantse Tennis Open ahead of 2026 Homowo Festival
2 hours -
Sam George urges African countries to prioritise meaningful connectivity over network coverage at ATU conference
3 hours -
Afenyo-Markin accuses government of economic failures, questions impact of 2026 Mid-Year Budget Review
3 hours -
Gov’t develops 100 mmscfd modular gas facility to create 1,000 jobs, generate $2bn
3 hours -
‘I’m not stingy’ — Ato Forson says previous government committed Ghana to IMF spending targets
3 hours -
12-year-old girl killed, over 40 houses destroyed in Yendi rainstorm
3 hours -
Declaring a surplus while spending below target raises questions — Tweneboah Kodua
4 hours -
Lawmakers push for AI ‘kill switch’ after OpenAI goes rogue
4 hours -
India activist ends hunger strike after 26 days
4 hours -
Asanko Gold honours long-serving retirees, celebrates legacy of excellence and mentorship
5 hours -
Ghana pushes for fairer access, data-driven sport development at Commonwealth Meeting
5 hours -
Gov’t staying on fiscal consolidation path through 2026 is reassuring — Prof Bokpin
5 hours -
Oxford No. 1 Hotel urges public to ignore reports of receiver takeover
5 hours -
Kumasi Technical University exposes students to innovation, practical skills for the job market
5 hours -
Gov’t claim of spending not entirely true – Prof Bokpin
5 hours