DANIEL SACKEY QUARCOOPOME vs. SANYO ELECTRIC TRADING & ANOR

The appellant, Daniel Sackey Quarcoopome, served as a Director on the Board of the 2nd Defendant (Ghana Sanyo Electrical Manufacturing Corporation Limited) from 1974 to 2001. He claimed he was appointed by the 1st Defendant (Sanyo Electric Trading Co. Ltd, a Japanese company and shareholder of the 2nd Defendant) as its representative director based on an oral agreement confirmed by a letter (Exhibit C). The appellant alleged he was entitled to director's fees and lump sum remuneration as agreed but was not paid. The defendants denied any such oral agreement and contended Exhibit C was merely a circular. The appellant sued for damages for breach of contract or alternatively for remuneration on a quantum meruit basis for services rendered as director.

ANSAH, JSC: This is an appeal against the judgment of the Court of Appeal dated the 1st day of March, 2007, dismissing the appeal by the appellant, hereafter called the plaintiff against the decision of the High Court dated 25th October, 2004. The plaintiff, was a Director on the Board of Directors of the 2nd Defendant between 1974 and 2001. The 1st defendant/appellant/respondent, hereinafter referred to as the 1st defendant, is a company incorporated under the laws of Japan and a Shareholder of the 2nd Defendant/appellant/respondent company, hereafter called the second defendant, registered under the laws of Ghana. The plaintiff claims he was appointed by the 1st Defendant to serve as its representative or Director on the Board of the 2nd Defendant in 1974 after previously serving on the same Board as a nominee of the Government of Ghana between 1965 and 1972. Prior to the appointment, the plaintiff averred that he reached an oral agreement with a representative of the 1st Def...