E.M. K. ABORMEGAH vs. TOTAL PETROLEUM (GHANA) LTD.

TANKO AMADU J.A (1) This is an appeal from the judgment of the High Court (Fast Track Division) Accra, dated 28th February, 2013 wherein the Plaintiff/Respondent, (hereinafter referred to as “the Respondent”) obtained judgment against the Defendant/ Appellant (hereinafter referred to as “the Appellant”), while the counterclaim set up by the Appellant was dismissed. (2) In the High Court, the Respondent had sought against the Appellant two declaratory reliefs as follows:- (i) A Declaration that the terms of the main agreement (Dealer Agreement) between Mobil Oil Ghana Limited (the Defendant herein) and Evans Agbormegah (the Plaintiff herein) the termination of the services of the Plaintiff by the Defendant was without due process and was unlawful, void and of no effect (or in the alternative). (ii) A Declaration that a subsisting agreement between the said two (2) to parties with specific reference to retiring age did not adversely affect the Plaintiff and therefo...