MABSOUT vs. FARA BROTHERS (GHANA) LTD.

JUDGEMENT OF MILLS-ODOI J.S.C. Mils-Odoi J.S.C. delivered the judgment of the court. Shortly put, the facts are that the appellant is a Lebanese merchant who trades on his own in textile goods in Kumasi and lives in Kumasi. The respondents who were incorporated in Ghana and have their head office in Accra, are mainly a wholesale seller of textile goods. In the course of an intimate friendship which existed between the appellant and one of the directors of the respondent company, the appellant took so much interest in the affairs of the company that he came to be relied upon by all the directors as a reliable person capable of discharging any duty entrusted to him with speed and success. It is not surprising, therefore, that the sole witness for the respondents at the trial paid him the following compliment: “He was a nice and generous man—always ready to offer you his services—business and at home . . . I found him very faithful whenever I entrusted anything to him.” As a r...