DOLPHYNE vs. SPEEDLINE STEVEDORING & CO LTD AND ANOTHER

KPEGAH JA. This is an appeal against the judgment of his Honour Antwi, sitting at the circuit court, Sekondi. According to the plaintiff he and one R S Oduro, PW1, conceived an idea to form a stevedoring company. This was when they were both working with Atlantic Port Services, another stevedoring company. Those who were to join them in the promotion of the company were Dr De-graft Dickson, Mr F N Arthur and a Madam Dade, the wife of the 2nd defendant and Mr Brenya. The said Madam Dade could not attend the preliminary meeting called for the purpose because she was sick and had to be represented by the 2nd defendant, her husband. The plaintiff said he objected to the 2nd defendant being a member of the proposed company but he was persuaded by Mr Oduro to accept him as the secretary of the proposed company. To this, he agreed. Being the only promoter with any stevedoring qualification, the plaintiff said he was authorised to enter into certain pre-incorporation contracts and acquire ce...