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DACHEL COMPANY LIMITED
V.
FRIESLAND FRICO DOMO

(2010) JELR 65516 (CA)

Court of Appeal 4 Feb 2010 Ghana
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- The Court of Appeal upheld the High Court’s judgment awarding compensation and special damages to the plaintiff for wrongful termination of an agency agreement, finding the proper law to be English law (as expressly chosen by the parties)

Case Details

Suit Number:CIVIL APPEAL NO: H1/13/2008
Judges:ASARE KORANG J.A. (PRESIDING), F. KUSI-APPIAH J.A., IRENE DANQUAH (MS.) J.A.
Counsel:MR. AMARTEIFIO FOR THE DEFENDANT/APPELLANT,MR. J. K. AGYEMANG FOR THE PLAINTIFF/RESPONDENT
Other Citations:(2010) JELR 69889 (CA)

JUDGMENT

KUSI-APPIAH, J.A. This appeal arises from the judgment of the High Court, Accra, dated 7th day of March 2001 entered in favour of the plaintiff/respondent (hereinafter referred to as the Plaintiff) against the defendant/appellant (hereinafter referred to as the defendant).

The case of the plaintiff as gathered from its pleadings and especially evidence at the trial, is that, the plaintiff is a company incorporated under the laws of Ghana. In November 1978, the plaintiff was appointed the sole agent in Ghana in respect of some branded products including milk products of Pierson Munier and Company Limited (to be referred to hereinafter as P.M.C.), a company incorporated under the laws of the United Kingdom in terms of an Agency Agreement (Exhibit A) executed between the plaintiff and P. M. C.

Sometime in 1980, the defendant took over P.M.C. and became successors to P.M.C. in respect of the Agency relationship. The defendant retained the plaintiff as Agent and by a document (Exhibi…

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