[2019]DLCA7715 • December 5, 2019 • Court of Appeal
JOHN MERKOURIS (PLAINTIFF/ RESPONDENT) vs. PRINCE TEASE AND PAUL KOFI MENSAH (DEFENDANTS/APPELLANTS)
POKU- ACHEAMPONG, JA: This is an appeal against the judgment of the High Court General Jurisdiction, Accra delivered on 25th October 2017. The facts of the case which are straightforward are as follows: The Plaintiff Respondent a Canadian businessman came to Ghana in April 2015 following an invitation by the 2nd Defendant who informed him of business opportunities in Ghana particularly in the areas of gold mining and supply. On arrival in Ghana he entered into an agreement with the Defendants/Appellants herein for the supply of 50 kilos of gold at the price of US$31,500 per kilo. In this judgment the Plaintiff shall be referred to as the Respondent and the Defendants as the Appellants. It is the case of the Plaintiff /Respondent that the Appellants held themselves out as persons licensed to deal in gold i.e. sell and buy gold. The Appellants delivered 10 kilos of gold to the Respondent when the sum of $110,500 was paid into their bank account at Stanbic Bank Silver Star B...