Case Studies

Debt Equity Swap 
In this multimillion dollar transaction, Ntrakwah and Co.’s team counseled a multi-million dollar American supplier. The client,had provided funding to other parties, who were to eventually enter into a joint venture with the client. The parties defaulted in their repayment, and the joint venture agreement never became a reality. The team drafted the relevant documentation, including shareholders agreements, promissory notes, and joint venture agreements.

 Acquisition of Shares
Ntrakwah and Co.’s team of Felix Ntrakwah, Kwadwo Gyasi Ntrakwah, and Abena Ntrakwah-Mensah helped in the acquisition of their client, a business that acquires and disposes of properties, by another real estate company. In their role of the $5 million deal, the team advised on the transaction itself and prepared and reviewed all the necessary legal documents for the sale of the shares.

Trademark Infringement Authority
Ntrakwah and Co.’s legal team of Abena Ntrakwah-Mensah and Kwadwo Ntrakwah successfully brought an action in the High Court against a local company to restrain it from infringing the registered trademark of its client, a subsidiary of a global leading producer of fertilizer. This case serves as one of the few authorities in Ghana on trademark infringement.

Manufacturing Trademark Infringement 

Abena Ntrakwah-Mensah and Shirley Somuah represented a foreign client in respect of the infringement of its trademark. A number of traders had been selling counterfeit products under the company’s trademark. The team advised the client to have the counterfeit products seized at the port before they got onto the Ghanaian market.The firm proceeded as such. Due to the diligence and perseverance of a joint team effort by the firm’s lawyers, the Customs Division of the Ghana Revenue Authority , the Ghana Police Service and the Ghana Standards Authority, the counterfeit products have since been destroyed.

Breach of contract
With over $3 million at stake, Nana Yaw Ntrakwah and Abena Ntrakwah-Mensah argued the case of a client, a leading agricultural company in Ghana. Judgment was granted in favour of the plaintiff for breach of contract by the defendant in selling cotton lint to third parties without the client’s consent.

Breach of Sale of Goods Act
Car distributors are rarely taken to court in Ghana. But Ntrakwah & Co.’s Nana Yaw Ntrakwah brought an action in High Court against the distributors of a well-known British automobile for supplying the client (a local consulting firm) with a defective vehicle. Judgment was entered in favor of the plaintiff for breach of the Sale of Goods Act, breach of contract for the supply of goods, and a latent defect in a vehicle, with a total amount at issue of over $72,000.

Constitutional Law
In this Supreme Court case, Ntrakwah & Co.’s client was unable to bring an action in court against the committee responsible for the divestiture of state assets, as the laws at the time said the body could not be sued. In order to solve the problem, one of the firm’s own lawyers was selected to serve as the plaintiff, and the firm petitioned the Supreme Court for the declaration that the provision of the Divestiture Implementation Committee Act, which made it immune to a law suit, was unconstitutional. The Supreme Court ruled in favor of the plaintiff and paved the way for the client to bring further action with successful results.

Insurance Dispute
In this High Court case, Ntrakwah & Co.’s Abena Ntrakwah-Mensah and Kwadwo Ntrakwah represented the plaintiff, a subsidiary of a multinational security company that specialises in the provision of private security services for individuals and business entities. Favourable judgment was obtained for our client in a breach of contract dispute against its insurers for coverage of losses suffered.

Landmark Company Law
Ntrakwah and Co. successfully represented the plaintiff, a foreign-owned investment company, after its case had been originally dismissed by both the High Court and the Court of Appeals. The appeal presented to the Supreme Court by the firm’s team of Felix Ntrakwah and Kwadwo Ntrakwah resulted in a favorable landmark decision on minority shareholder’s rights and directors duties by all five Supreme Court judges.

Seizure of Property
In a landmark ruling for Ghana, Ntrakwah and Company’s legal team of Felix Ntrakwah, Abena Ntrakwah-Mensah, and Kwadwo Ntrakwah argued successfully for their client, a local erstwhile cigarette manufacturing company, whose assets had been seized by the Customs Excise and Preventive Service (CEPS) for failing to pay excise duty. After years of litigation, the High Court ruled that the seizure and use of immovable property, investment, cash, and trademarks, worth millions of dollars, were illegal and therefore void.