[2016]DLCA4813 • April 14, 2016 • Court of Appeal
GEORGINA ACHIAA vs. DON EMILIO COMPANY LIMITED
The Plaintiff, Georgina Achiaa, trading as Supergeona Enterprises, claimed to be the sole accredited representative and distributor of the Jagermeister herb liqueur in Ghana, appointed by MastJagermeister AG of Germany. She alleged that the Defendant, Don Emilio Company Limited, imported and distributed the same product without reference to her, constituting unfair competition under the Protection Against Unfair Competition Act 2000, Act 589. The Defendant denied being bound by the agency agreement and claimed lawful importation from an authorized supplier, Helia Company Limited, and denied unfair competition.
read moreIRENE CHARITY LARBI J.A. (1) By an amended writ of summons accompanied by a Statement of Claim, the Plaintiff, a business woman trading under the name and style of Supergeona Enterprises claimed against the Defendant for the following reliefs:- “(i) A declaration that the Plaintiff is the sole accredited representative of Mast-Jagermeister AG and a distributor of Jagermeister drink in Ghana. (ii) A declaration that the acts of the Defendant as set out in the Statement of Claim amounts to acts of unfair competition within the meaning ascribed to the term in the Protection Against Unfair Competition Act (2000), Act 589. (iii) An order from the Court restraining the Defendant from importation, sale and distribution of the said drink in Ghana without reference to her. (iv) General damages.” (2) The Plaintiff claims that she is a businesswoman trading under the name and style of Supergeona Enterp...