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THOMAS GADI
V.
CONZABILI TRD. & CONST LTD MR. KOJO NEWTON

(2006) JELR 65078 (CA)

Court of Appeal 7 Apr 2006 Ghana
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- The case revolves around the terms of a profit sharing agreement between the 2nd defendant and the plaintiff. - The 1st defendant entered into a contract to supply a fuel truck and machines to AMS, but faced financial problems. - The plai

Case Details

Suit Number:CIVIL APPEAL H1/315/2005
Judges:ASARE KORANG J.A. [PRESIDING], ERIC PIESARE J.A., TWENEBOA-KODUA J.A
Counsel:D.A. OTOO FOR BODZA LUMOR FOR PLAINTIFF/RESPONDENT ,BAFFOUR DWOMOH FOR 2ND DEFENDANT/APPELLANT

JUDGMENT

ASARE KORANG, J.A.

This appeal turns on only one issue namely the terms of a profit sharing agreements entered into between the 2nd defendant/appellant [2nd defendant for short hereinafter] and the plaintiff/respondent [plaintiff for short].

The undisputed facts in this case are as follows:—

The 1st defendant herein, Conzabili Trading and Construction Limited entered into a contract to supply a fuel truck and fuel reading and pumping machines to an entity called AMS. As the 1st defendant was facing financial problems in executing the contract, the plaintiff who had friendly connections with both defendants, introduced the 1st defendant’s manager to the 2nd defendant for the latter to give financial assistance to the 1st defendant in executing the contract. Thereafter the 2nd defendant gave money to the 1st defendant to enable the 1st defendant fulfill its obligations under the contract it had entered into with AMS. Profits earned by 1st Defendant under the contract were shared wi…

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