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ACKERMAN
V.
SOCIETE GENERALE DE COMPENSATION

(1967) JELR 67865 (HC)

High Court 13 Apr 1967 Ghana
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- The High Court held it had jurisdiction over a French company carrying on business in Ghana, as the company maintained a fixed place of business (a factory) in Tema and had submitted to the court’s jurisdiction by an unconditional appeara

Case Details

Judges:EDUSEI J.
Counsel:E. K. MENSAH FOR THE APPLICANTS; MISS A. A. AYISI FOR THE RESPONDENT.

JUDGMENT

EDUSEI J.

The respondent, an Israeli national, is suing the applicant, a French firm, in this court for damages for breach of contract. The applicant company has raised the preliminary point that this court has no jurisdiction to entertain the suit and its objection to the court’s jurisdiction is based on two main grounds: that the contract between the company and the respondent was couched in the French language and the salary of the respondent was payable in Paris in French francs. There is no doubt that the issue that calls for determination by this court raises a fundamental question of interest in private international law.

By consent an English translation of the contract of employment was put in evidence as exhibit A. It is to be observed at this stage that if the objection of the company proves to be well-founded, the jurisdiction of this court will be automatically ousted and the respondent will have to seek his remedies, if any, in the French courts which the company c…

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