MABSOUT vs. FARA BROTHERS (GHANA) LTD. [1964]DLSC1923

Date	1964-06-29
Suit No.
Citation No.	[1964]DLSC1923

MILLS-ODOI JSC

OLLENNU JSC

AKAINYAH J.S.C.

OWUSU YAW FOR THE APPELLANT.

NO APPEARANCE FOR THE RESPONDENTS.

[1964]DLSC1923
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													<main id="main" class="content" style="min-height: 60rem" >MABSOUT <o:p></o:p>vs. <o:p></o:p>FARA BROTHERS (GHANA) LTD. <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1964] GLR 437<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
29TH JUNE, 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OWUSU YAW FOR THE APPELLANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, OLLENNU AND AKAINYAH
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGEMENT OF MILLS-ODOI J.S.C.<o:p></o:p>Mils-Odoi
J.S.C. delivered the judgment of the court. Shortly put, the facts are that the
appellant is a Lebanese merchant who trades on his own in textile goods in
Kumasi and lives in Kumasi. The respondents who were incorporated in Ghana and
have their head office in Accra, are mainly a wholesale seller of textile
goods. In the course of an intimate friendship which existed between the
appellant and one of the directors of the respondent company, the appellant
took so much interest in the affairs of the company that he came to be relied
upon by all the directors as a reliable person capable of discharging any duty
entrusted to him with speed and success. It is not surprising, therefore, that
the sole witness for the respondents at the trial paid him the following
compliment: “He was a nice and generous man—always ready to offer you his
services—business and at home . . . I found him very faithful whenever I
entrusted anything to him.”<o:p></o:p><o:p>&nbsp;</o:p>As a
result of the confidence which the directors had in the appellant one of them
approached him, some time in 1958, and made an oral request to him to act as
the Kumasi manager of the company. The appellant readily accepted the offer,
gave up his own store, and rendered services for the company for a period of
two years.<o:p></o:p><o:p>&nbsp;</o:p>In his
evidence at the trial, which stood unchallenged, the appellant set out the
nature of the services he rendered by the direction of the respondents. It is
as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“By that
authority I was permitted wholly to operate the defendant’s bank account. I used
to collect money from the people whom I had to sell the company’s goods and I
used to go to Accra and pay it all to the defendants. Defendants used to advise
me when any customers had been sent goods so that I went and collected their
moneys—in cheque or cash. I used to deal with the insurance company when
customers’ goods got damaged or lost. When for example a customer finds that
goods had been short delivered to him he used to call me to come and check same
and advise the defendants at Accra. If some goods are needed urgently I had to
contact Mr. Fara in Accra. I used to do all this business for Mr. Fara entirely
alone.”<o:p></o:p><o:p>&nbsp;</o:p>Learned
counsel for the respondents conceded at the trial that they did not deny that
the appellant rendered valuable services to the said company.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant carried out efficiently and successfully the duties assigned to him
on the understanding that the respondents would give him reasonable
remuneration for his services. In March 1961, the respondents sent one Mr.
Bichara Merri, also a Lebanese, to Kumasi to assist the appellant in the
discharge of his duties. Thereafter the appellant’s appointment as Kumasi
manager was terminated, such appointment having been given to the said Merri.
The appellant then brought this action claiming from the respondents the sum of
£G6,000 as reasonable remuneration for the service he had rendered.<o:p></o:p><o:p>&nbsp;</o:p>The
defence, so far as I understand it, was that the appellant had been employed on
a friendly agreement and the work was to have been done gratuitously; the fact
that the appellant rendered valuable services to the respondents was not
denied.<o:p></o:p><o:p>&nbsp;</o:p>