DR EBENEZER DARKWA & ERIC BOSOMPEM vs. ENGEN GHANA LIMITED

The plaintiff, Engen Ghana Limited, sued the 1st defendant, Dr Ebenezer Darkwa, claiming general and special damages for breach of contract related to unpaid petroleum supplies, interest, costs, and other reliefs. The 1st defendant denied the claims, alleging collusion and fraud between the plaintiff and the 2nd defendant, Eric Bosompem, his brother. The plaintiff initially sued only the 1st defendant but later joined the 2nd defendant. The dispute involved allegations of unauthorized supply of goods beyond agreed limits, a questionable Memorandum of Understanding (MOU), and the plaintiff's takeover of the 1st defendant's filling station without court order or proper authority. The 2nd defendant counterclaimed against the 1st defendant for compensation related to business supervision and loss of income due to closure of his shop by the 1st defendant.

JUDGMENT BRIGHT MENSAH JA The instant appeal is against the judgment of the High Court, Accra delivered 20/06/2022, in a case in which the plaintiff, Engen (Gh) Ltd had sued, claiming the under listed judicial reliefs: 1. General damages for breach of contract; 2. Special damages for breach of contract in the sum of Ghc1,190,838.66; 3. Interest on damages at the prevailing commercial rate; 4. Cost; and 5. Any other relief the honourable court may deem fit. The impugned judgment, the subject of the instant appeal, appears on pp 130-193 Vol. 2 of the record of appeal [roa]. The 1st defendant, Dr. Ebenezer Darkwa being dissatisfied with the decision of the lower court, has mounted the current appeal on a number of grounds which we shall discuss in detail in this judgment as we proceed along. 1st defendant’s defence & counterclaim: We need to put it on record that the plaintiff initially mounted the action against only Dr. Ebenezer Darkwa, as the .....