[2023]DLSC15112May 10, 2023Supreme Court

WEST AFRICA COMMODITIES LTD. vs. HAIKINS OFFEI FIANKO, DIANA FRIMPONG

WEST AFRICA COMMODITIES LTD. (PLAINTIFF/APPELLANT/RESPONDENT) vs. HAIKINS OFFEI FIANKO, DIANA FRIMPONG (DEFENDANTS/RESPONDENTS/APPELLANTS) [SUPREME COURT, ACCRA] CIVIL APPEAL NO. J4/76/2022 DATE: 10TH MAY 2023 COUNSEL This is an appeal from the judgment of Court of Appeal dated 10th December, 2022 based on a series of contracts entered into between the parties. FACTS AND BACKGROUND The defendants were a couple, Mr Haikins Offei and Ms Diana Frimpong and the plaintiff was the West African Commodities Ltd represented by its Managing Director and its beneficial owner, Mr. George Baah Sackey. However, the plaintiff’s name was substituted for that of the Managing Director’s (and beneficial owner’s) in the course of the trial. The facts of the case have been made complex by the conflation of three contracts into one, as well as the conflation of the legal personality of plaintiff company wit...