FRABINA LIMITED vs. SHELL GHANA LIMITED

BROBBEY, JSC:- The plaintiff and the defendant at the trial court entered into a dealership agreement which was tendered as exhibit A. The purpose of the agreement was to enable the plaintiff to run the Legon Road Service Station as petrol outlet unit. For the implementation of the agreement, the plaintiff paid the defendant ten thousand Ghana Cedis (GHS 10,000.00) as “working capital.” The agreement was terminated by the defendants at a time when the defendants claimed that the plaintiff owed it some moneys. Following the termination of the agreement, the plaintiff sued the defendant in the High Court for recovery of the GHS 10,000.00, interest on that amount, recovery of GHS 49300.00 being overdraft facility taken by the plaintiff from its bankers, interest on that overdraft and damages for wrongful termination of the dealership agreement. The High Court dismissed all but one of the claims: It awarded GHS 6000.00 as damages for the wrongful termination of the agreement and c...