GEORGINA ACHIAA
V.
DON EMILIO COMPANY LIMITED

(2016) JELR 66625 (CA)

Court of Appeal 14 Apr 2016 Ghana
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- The Plaintiff, a businesswoman trading under the name Supergeona Enterprises, claimed to be the sole accredited representative of Mast-Jagermeister AG and a distributor of Jagermeister drink in Ghana. She alleged that the Defendant's acti

Case Details

Suit Number:CIVIL APPEAL NO: H1/143/2015
Judges:S.E. KANYOKE J.A (PRESIDING), IRENE CHARITY LARBI (MRS) J.A, MARGARET WELBOURNE (MRS) J.A
Counsel:GEORGE HEWARD-MILLS ESQ. (FOR DEFENDANT/APPLICANT); ALBERT ADAARE ESQ. (FOR THE PLAINTIFF/RESPONDENT).

JUDGMENT

IRENE CHARITY LARBI J.A.

(1) By an amended writ of summons accompanied by a Statement of Claim, the Plaintiff, a business woman trading under the name and style of Supergeona Enterprises claimed against the Defendant for the following reliefs:-

“(i) A declaration that the Plaintiff is the sole accredited representative of Mast-Jagermeister AG and a distributor of Jagermeister drink in Ghana.
(ii) A declaration that the acts of the Defendant as set out in the Statement of Claim amounts to acts of unfair competition within the meaning ascribed to the term in the Protection Against Unfair Competition Act (2000), Act 589.
(iii) An order from the Court restraining the Defendant from importation, sale and distribution of the said drink in Ghana without reference to her.
(iv) General damages.”

(2) The Plaintiff claims that she is a businesswoman trading under the name and style of Supergeona Enterprises. By a letter dated 10th January, 2002, she was appointed the sole agent in Ghana for th…

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