F.G. KORBIEH, J.A.
I have had the privilege of reading before-hand the thought-provoking judgment just delivered by my learned brother, Ofoe, J.A. and I agree completely with everything he has said. Of course I also agree with him that this appeal should be dismissed as being unmeritorious. I however want to high-light one or two areas of the reasons for dismissing the appeal that I think needs elaboration. The facts have been sufficiently set out in the lead judgment and so I need not repeat them here.
One of the main contentions of the appellant is that the trial judge was wrong in his judgment because there was no evidence on the record to support the finding of fact that the parties had waived the pre-condition in exhibit E (the share transfer agreement) to the effect that the respondent (as transferor) would indorse the 2006 Audited Accounts and the 2007 Management Accounts as a confirmation of the state of affairs of the company. According to counsel, the trial judge had therefore…