DACHEL COMPANY LIMITED vs. FRIESLAND FRICO DOMO

KUSI-APPIAH, J.A. This appeal arises from the judgment of the High Court, Accra, dated 7th day of March 2001 entered in favour of the plaintiff/respondent (hereinafter referred to as the Plaintiff) against the defendant/appellant (hereinafter referred to as the defendant). The case of the plaintiff as gathered from its pleadings and especially evidence at the trial, is that, the plaintiff is a company incorporated under the laws of Ghana. In November 1978, the plaintiff was appointed the sole agent in Ghana in respect of some branded products including milk products of Pierson Munier and Company Limited (to be referred to hereinafter as P.M.C.), a company incorporated under the laws of the United Kingdom in terms of an Agency Agreement (Exhibit A) executed between the plaintiff and P. M. C. Sometime in 1980, the defendant took over P.M.C. and became successors to P.M.C. in respect of the Agency relationship. The defendant retained the plaintiff as Agent and by a document (Exhibi...