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EDEM AFFRAM & ANOR
V.
BERNARD YAW OWUSU & 2 ORS.

(2023) JELR 110981 (SC)

Supreme Court 15 Feb 2023 Ghana
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- The case involves a dispute between two friends who established two companies, Concord Security Ltd and Oak House Company Ltd, and later had disagreements over shareholding and land ownership. - The 1st plaintiff alleges that the 1st defe

Case Details

Suit Number:J4/47/2021
Judges:YEBOAH CJ (PRESIDING) PWAMANG JSC OWUSU (MS.) JSC AMADU JSC PROF. MENSA-BONSU (MRS.) JSC
Counsel:DR. KWEKU AINUSON ESQ. FOR THE PLAINTIFFS/RESPONDENTS/ APPELLANTS. NANA BOAKYE MENSAH BONSU ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS

JUDGMENT

 

MAJORITY DECISION

PROF. MENSA-BONSU (MRS.) JSC:-

This is an appeal from a case which began because two friends decided to go into commercial ventures together, relying merely on their friendship to order their affairs, with unhappy results. It proves again the truth of the adage:

The interests of Friendship are served but ill,

When pressed into competition with the Till.

In this judgment, the original designations of the parties are maintained to avoid confusion as their roles in the case changed in the course of its travel through the hierarchy of courts.

Facts and Background

The 1 plaintiff and 1 defendant were friends who, at some point in time, were both based in the United Kingdom. They decided to go into business together, and first established a company, Concord Security Ltd. in UK which they managed together till 1st Defendant returned to Ghana, whilst 1st Plaintiff remained in the UK.

 While 1 plaintiff was in the UK and 1 defendant was in Ghana, they formed another Company,…

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