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Zabu and Kabu are childhood friends who grew up in the same neighbourhood and completed the same university. Desirous of going into self-employment, they decided
Zabu and Kabu are childhood friends who grew up in the same neighbourhood and completed the same university. Desirous of going into self-employment, they decided to incorporate a company to carry out the business of buying used vehicles from Germany and selling same in Ghana. On 1st December 2020, Zabu and Kabu met on the campus of UPSA, their Alma mater to discuss and decide on the following matters relating to the proposed company they want to incorporate: a. b. c. d. After i. ii. iii. iv. Nameofthecompany Nature of business of the company The number of shares each one of them will own in the company The first directors of the company a lengthy but exciting discussion, Zabu and Kabu agree as follows: The name of the company should be ZK LTD. The nature of business should be the import and sale of used vehicles from Germany They should each take and own fifty percent of the shares of the company The two of them should be the first directors of the company. They Ghana to find out how lucrative their proposed business will be. also decide that Kabu should conduct a business survey of the auto mobile industry in In furtherance of this discussion, Kabu visits a number of garages and finds out that there is so much profit in the business, and that on the average they will make not less than 80% profit annually should they decide to go into the business. Kabu however fails to report to Zabu on his market findings from the market survey. On the contrary, Kabu clandestinely incorporates a different company with the name KE Motors to carry out the same business ZK Ltd was to carry out. On 8th February 2021, Zabu who has become Managing Director of ZK LTD. finds out KE Motors is a company owned by Kabu and that the company is using the same information Kabu acquired from the market survey he conducted in furtherance of the formation of ZK Ltd some time ago, to carry out its business. Zabu also finds out that KE Motors has already made a whooping profit of Gh 5,000,000.00 from the information Kabu acquired. Zabu is unhappy with Kabu's conduct and has approached you as a seasoned company law practitioner for advice. What advice will you give to Zabu? ********** END OF QUESTION**********
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