Ratio DecidendiRatio DecidendiRatio Decidendi



DACHEL COMPANY LIMITED
V.
FRIESLAND FRICO DOMO

(2010) JELR 65516 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/13/2008 ·  4 Feb 2010 ·  Ghana
CORAM
ASARE KORANG J.A. (PRESIDING), F. KUSI-APPIAH J.A., IRENE DANQUAH (MS.) J.A.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
solicitor
rules
learned trial judge
writ of summons
leave of the court
defendant’s case
statement of defence
agency agreement
appointment of additional solicitor
case of the plaintiff
change of solicitors
civil procedure rules
defendant’s products
exhibit b
judgment of the learned trial judge
termination of the contract
amended grounds of appeal
amendment lapses
clear understanding
contravention of order
c order of account of imports
direction of defendant
e usd
evidence of solicitors
exhibit a.
favour of the plaintiff
f compensation
following cases
following reliefs
further hold
introduction of a 90-days
issue of the failure
judgment of the high court
laws of ghana
laws of the united kingdom
main issue
mandatory rule of procedure
notice requirement
offer of an amount of dfl
plaintiff’s claim
respect of some branded products
respect of the agency relationship
result of the termination
said breach
said reduction
termination of the agreement
terms of an agency agreement

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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