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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Under Alternative Disputes Resolution, which of the following steps could a party dissatisfied with the arbitration final award take?
A. Seek redress in court
B. Refuse to honour the award
C. Decline acceptance of the award
D. Dictate his own award
E. Stalemate the arbitration process
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Which of the following is a right of the owner against a third party who has no good title to the goods under a hire purchase contract?
A. Arrest the third party
B. Assault the third party
C. Direct the third party to the hirer
D. Recover the goods from the third party
E. Challenge the hirer
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Kojo Mensah was employed by A&B Co. Ltd as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and a half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah but terminated his appointment from the Company on these grounds.
a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah.
(10 marks)
b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)
c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)
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Asantewaa lives in a quiet residential area. Next door, Kwickbuild Ltd, is carrying out extensive building works to a dilapidated old house. The builders who are working from dawn to dusk, seven (7) days a week, used a crane which passes over Asantewaa’s house. Asantewaa and her family are annoyed by the dust, dirt, and noise caused by the building works.
Required:
a) Identify the types of tort of nuisance.
(4 marks)
b) What TWO (2) conditions must be present for a conduct to constitute nuisance?
(6 marks)
c) Advise Asantewaa as to her legal position.
(6 marks)
d) State TWO (2) legal remedies available to her.
(4 marks)
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Kofi Ameyaw and Salia Sule, shareholders of Bubra Ltd, commenced an action in court against the company alleging that properties of the company had been misapplied and wasted, and that certain mortgages were improperly secured as guarantee with the company’s properties. In their action, they also alleged that the company gave negligent advice which had resulted in their suffering economic loss which was personal and individual to them. Kofi Ameyaw and Salia Sule are seeking an order of the court for the company to account for the appointment of a Receiver.
Required:
i) Explain the chances of Kofi Ameyaw and Salia Sule in their court action, in the light of the provisions of the Companies Act, 2019 (Act 992). (9 marks)
ii) Explain FOUR (4) entities or organs through which a company can act pursuant to provisions of the Companies Act, 2019 (Act 992). (6 marks)
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Find Related Questions by Tags, levels, etc.
Azigipaa Ltd invited tenders for the purchase of a tanker, said to be lying off the Island Bebre, together with the oil it was said to contain. Tinda Oil Ltd submitted a tender for which Azigipaa Ltd accepted. Tinda Oil Ltd went through considerable trouble and expense to modify a ship that the company owned for salvage work, and also brought equipment and engaged a crew. There was no tanker anywhere near the Island as described by Azigipaa Ltd. Tinda Oil Ltd has decided to take action in court against Azigipaa Ltd.
Required:
i) In light of the provisions of the Sale of Goods Act, is Tinda Oil Ltd likely to succeed in its action? (5 marks)
ii) List TWO (2) fundamental obligations of a seller under the provisions of the Sale of Goods Act 1962, Act 137.
(4 marks)
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Find Related Questions by Tags, levels, etc.
Kojo Atua, a businessman, who had a contract to supply timber logs to Okofoh Timber Co. Ltd, hired a tractor from Mary Arthur, at a rate of GH¢1,000.00 a day to enable him to haul the timber logs from his timber concession in Okofoh. Under the agreement, Kojo Atua paid a deposit of GH¢10,000.00. It is the case of Kojo Atua that Mary Arthur assured him that her tractor was in good condition and could haul at least 30 logs a day.
Kojo Atua, however, found the tractor to be defective almost from the beginning, with the tractor hauling a maximum of seven (7) logs a day, and a total of 60 logs during a period of a little over one month. Kojo Atua brought an action for damages for breach of contract. The Court awarded Kojo Atua special damages of GH¢20,000.00 on the basis of total failure of consideration.
Required:
i) Explain whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty. (10 marks)
ii) Explain in THREE (3) ways whether the court was justified in the award of GH¢20,000.00 to Kojo Atua for the failure of consideration. (10 marks)
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Kwame Akoto holds 15% share in Sikem Investment Ltd, a brokerage firm, which by the regulations of the company, entitled him to appoint a director. To avoid the strict and high standards of banking, the Regulations of Sikem Investment prohibits banking and savings and loan schemes. Kwame Akoto received a letter from Mr. Pinkrah, Managing Director and 55% shareholder, that the company has merged with Sikaman Group owned 100% by Mr. Pinkrah. The merged company will upgrade into a full bank within the next three months. The shares of Kwame Akoto and all minority shareholders with Sikem Investment Ltd will be converted into a loan at 10% per annum interest with principal repayment schedule over the next five years. Mr. Pinkrah took all decisions alone without consulting the seven members on the board. All attempts to hold a board meeting to discuss the issues have been thwarted by Mr. Pinkrah.
Required:
i) State THREE (3) options open to Kwame Akoto in the circumstance of this case. (6 marks)
ii) State FOUR (4) likely reliefs the court may grant. (4 marks)
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Where a person is convinced that there is a breach of his/her fundamental human rights, the Constitution of the Republic of Ghana, 1992 allows that person to apply to the High Court of Ghana for a remedy.
Required:
State FOUR (4) remedies that a High Court may issue in respect of the breach of fundamental human rights. (5 marks)
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