Speedline Stevedoring Blocks 25% Shares Of JK Dolphyne Against Supreme Court Ruling

The 25 percent shares of the late John Kow Dolphyne, in Speedline Stevedoring Company which was authorized by the Supreme Court of Ghana have been blocked by the new directors of the company without any reason whiles his wife and children wallow in abject poverty.

Since the death of JK Dolphyne, his wife and children have relied on family and friends to survive while his shares in ever growing Speedline stevedoring goes into strange pockets. The wife and children of the late JK Dolphyne do not understand why they should be going round to people to beg for money to pay school fees whiles their father’s 25 percent shares in Speedline stevedoring flows into unauthorized pockets.

They don’t understand why the managers of the company would continue to restrain them from benefiting from the 25% shares in the company after it has been authorized by the Supreme Court of Ghana in 2001 for his contribution and effort in establishing Speedline stevedoring company.

Investigations conducted reveals that some managers of the company have ignored the 2001 judgement of the Supreme Court, the highest court of the land, which authorized the 25% shares in the company to Mr John Kwaw Dolphyne, after more than twenty years of legal battles the late S.E.A Brenyah and his wife Gladys Dede Adjetey.

Current directors of Speedline stevedoring company are Samuel Awuku Okudzeto, Emmanuel Oko Adjetey, Antonio Caboo Barcon and George Agyeman Sarpong who are all representing MRS Gladys Dede Adjetey, according to a search result from the registrar of companies Victoria Ayitsoo Ayesu in July 2006.there is no representative from the Dolphine’s in spite of the supreme court ruling that allocated the 25% shares to the Dolphines.

The company was set up in 1976, on the initiative of John Kwaw Dolphyne, a business man with one Oduro, F.N Arthur and De-Graft Dickson with each of them owning 25 percent stake. Mr S.E Brenyah who was invited to act a secretary to see to the registration of the company later manipulated the records of the company and re-registered the company secretly in his name and that of his wife, Gladys Adjetey.

Speedline Stevedoring which was registered on 29th October 1976 with registration number 1902 with four people as shareholders was surreptitiously reregistered by Mr Brenyah , the company secretary with only two shareholders , that’s Mr Brenyah and his wife Gladys Adjetey with registration number 5077, according to the supreme court ruling. Mr Brenyah and his wife Gladys Adjetey almost succeeded in throwing out Mr Dolphyne who had entrusted the management of the enterprise to them. But their act was immediately discovered and was charged with fraud.

In the supreme court ruling the attempt to use the time- lapse (statute of limitation) in between the time of the ‘coup” and that of filing in action to right a wrong was thrown away as the court felt that aspect of the law did not apply in the case. The Supreme Court instead held that a fraud had been committed in the case. The five member panel included Mrs. Justice J Bamford Addo, presiding, Justice Hayfron-Benjamin and Justice Amoah.

The others are Justice Acquah (now deceased) and Justice Atuguba. On her part, Mrs. Justice Bamford-Addo observed that that the controversy.

Justice Bamford Addo in her ruling observed that that the controversy in the case was whether or not a fraud had been perpetrated by the Brenyah faction against Mr Dolphyne. To her technicalities raised by the defendants could not absolve them from blame. Mr Justice Amoah also noted that Mr Dolphyne from evidence gathered was a stevedore worker with expertise. And that he had left his former employment, Takoradi Ports Services, with the view of forming a stevedoring company.

He had made expenses at the initial stages of the formation of the company. Mr S.E Brenyah, on the other hand had been a mere secretary, entrusted with the registration and management of the company. According to the plaintiff (Dolphyne) Mr Brenyah at a meeting before the establishments of the business was entrusted with his (Dolphyne) registration as a director, but he (Brenyah) failed to do so. The plaintiff he added had therefore suffered a loss and was entitled to damages.

On the issue of fraud, after considering evidence of both parties, he thought the plaintiff succeeds on the balance of probability”.

Meanwhile, workers of the company have accused Madam Gladys Adjetey of engaging family and friends in the company, including her lawyer, Mr Sam Okudzeto, owner of Allied oil in Ghana in the affairs of Speedline Stevedoring Company. Information however indicates that Mr Sam Okudzeto has resigned from the company as a director.

Comments:
This article has 0 comment, leave your comment.

Comments