MORKOR V KUMA (NO 1)

Pursuant to a sale agreement dated 22 May 1990, the respondent supplied 400 metric tons of frozen fish valued at $180,000 to the first defendant company, East Coast Fisheries Ltd. The first defendant paid a deposit of $16,000, with the balance of $171,000 due by 30 August 1990, guaranteed by Sammy Quaye. Only $8,427 was paid by 23 August 1990, and despite undertakings to settle by end of September, payment was not made by mid-October. The respondent sued the first defendant, the appellant (a director and CEO), and the State Fishing Corporation (third defendant). The appellant was sued jointly with the company for the debt. The respondent sought summary judgment and injunctions relating to the fish stock. The appellant challenged her being sued personally for the first time during an application to set aside the summary judgment.

JUDGMENT OF EDWARD WIREDU JSC. I have had the privilege to read beforehand the able and learned opinion about to be read by my sister Akuffo JSC. I agree with her reasons and conclusion that the plaintiff’s action be dismissed and I have nothing more useful to add. JUDGMENT OF AKUFFO JSC. Pursuant to a sale agreement dated 22 May 1990 and made between the respondent herein (acting as the agent for Faroe Sea Food of Faroe Island) and East Coast Fisheries Ltd (hereinafter referred to as the first defendant), 400 metric tons of frozen fish, valued at $180,000, was supplied to the first defendant. That the consignment was received is not in serious dispute. The appellant, as a director, and another director witnessed the execution of the agreement by the first defendant. In accordance with the agreement, the first defendant paid a deposit of $16,000. The remaining balance, being $171,000 was to be paid by 30 August 1990. The payment of the said balance was guaranteed by one S.....