BOUR AND OTHERS vs. KOJO AND OTHERS

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. Adumua-Bossman J.S.C. delivered the judgment of the court. This appeal is against a judgment dated the 4th February, 1961, of the High Court, Kumasi, (Crabbe, J. as he then was) whereby the plaintiffs’ claim for the sum of £G4,033 5s. 2d. as amount due and payable under a contract of indemnity between the parties, was upheld. The events leading to the institution of the action are briefly these. Both parties, plaintiffs as well as defendants, were at the material times, members of a limited liability company (which will be referred to shortly henceforth as the company) incorporated under the Companies Ordinance1(1), in force in 1957, with a share capital of £G250,000, and with the primary object as set out in the memorandum exhibit C: “To represent the interests of the whole of the producers of cocoa and other raw materials of Ghana, and on their behalf to assemble and sell or otherwise deal with the whole of the cocoa-crop of Ghana...