BAIDOO vs. SAM

TAYLOR J.S.C. The issues in this appeal are quite simple but they involve very important questions concerning the law of contract and the law governing aspects of business transactions in Ghana and I should think these issues must in the circumstances be of some interest to the business community. In my opinion therefore such issues when they surface in our courts must not be glossed over; the rational legal foundations for their solution must be properly articulated, if the just expectations of our businessmen are not to be frustrated by exasperation as a consequence of their failure to appreciate the nature of the legal considerations which judges are obliged to apply in resolving their business problems. The parties in this appeal, Ellion Baidoo, the plaintiff-appellant, and Kojo Sam, the defendant-respondent, have mutually conceded that they are businessmen. Businessmen in my view are persons engaged in all forms of commercial and quasi-commercial and other activities of a like na...