[2007]DLHC7388July 26, 2007High Court

ALBERT KWASI AGYEI (PLAINTIFF) vs. BUDGET CASH & CARRY LTD (DEFENDANT)

Plaintiff is a businessman dealing in the importation and distribution of exotic fruits and drinks. Under a Franchise Agreement with PEEP ONE GMBH GERMANY his company GLOBAL 5000 ENTERPRISE was given the sole right of distributorship in Ghana of "PEEP ONE EXOTIC DRINK". Sometime later he discovered that the same drinks bearing the label of his company were being advertised on TV3 and being undersold in central Accra and other districts. Also on the market were drinks with the inscription "PEP ONE FANTASTIC DRINK" bearing the same colours and labels as his cans. Upon discovery that the Defendant company was the dealer involved in the distribution of the drinks he has sued the company claiming; a. General damages for the deprivation of economic gain. b. Damages for wrongful conversion. c. Perpetual Injunction restraining Defendant and his agents from distributing selling offering for sale or in any way dealing with Peep One Exotic Drink. d. Order to deliver up the cans to defen...