KWAKU OSEI GYIMAH vs. SAMPSON AMOAKOH SUING PER HIS LAWFUL ATTORNEY REV. ALEXANDER KWAME NYAME

JUDDGMENT BY POKU-ACHEAMPONG, J.A.: This appeal emanates from the High Court Commercial Division, Kumasi in respect of a judgment dated 29th April 2019. The facts are relatively simple and the case is essentially a business dispute between parties who are related and describe themselves as brothers. It is unfortunate that although the matter went through the Pre-Trial Conference/Settlement Procedure it could not be settled and had to be tried at the High Court and an appeal lodged against the judgment to this Honourable Court. The parties are brothers who both live overseas specifically in the United Kingdom and Australia. They decided to set up a soft drinks manufacturing business in Kumasi and took steps to implement this decision. In this judgment the Plaintiff/Respondent shall alternately be referred to as the Plaintiff or Respondent and the Defendant/Appellant alternately as Defendant or Appellant. Plaintiff/Respondent’s Case It is the case of the Plaintiff that sometim.....