KWAKU OSEI GYIMAH vs. SAMPSON AMOAKOH SUING PER HIS LAWFUL ATTORNEY REV. ALEXANDER KWAME NYAME [2020]DLCA9904

KWAKU OSEI GYIMAH vs. SAMPSON AMOAKOH SUING PER HIS LAWFUL ATTORNEY REV. AL... [2020]DLCA9904

Date	2020-11-26
Suit No.	SUIT NO.: H1/54/2020
Citation No.	[2020]DLCA9904

A. M. DOMAKYAAREH (MRS) J. A. PRESIDING

B. POKU-ACHEAMPONG J. A.

S. K. A. ASIEDU J. A.

VIVIAN MFODWAA GYAN FOR DEFENDANT/APPELLANT

LESLIE SENYO AMEDIOR FOR PLAINTIFF/RESPONDENT

[2020]DLCA9904
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													<main id="main" class="content" style="min-height: 60rem" ><a name="_Hlk35510717">KWAKU OSEI GYIMAH&nbsp;&nbsp; </a> <o:p></o:p>&nbsp;(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>SAMPSON AMOAKOH&nbsp;&nbsp; SUING PER HIS LAWFUL ATTORNEY REV. ALEXANDER
KWAME NYAME<o:p></o:p>&nbsp;(PLAINTIFF/RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

SUIT NO.: H1/54/2020&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE:
26TH
NOVEMBER, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>VIVIAN MFODWAA GYAN FOR
DEFENDANT/APPELLANT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

LESLIE SENYO AMEDIOR FOR
PLAINTIFF/RESPONDENT.<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>A. M. DOMAKYAAREH (MRS) J. A.
PRESIDING, B. POKU-ACHEAMPONG, J. A.&nbsp; ,
S. K. A. ASIEDU, J. A. <o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0in;">

<p class="MsoNormalCxSpFirst" align="center" style="text-align:center;line-height:
150%;tab-stops:147.0pt;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>POKU-ACHEAMPONG, J.A.:<o:p></o:p>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.<o:p></o:p>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. <o:p></o:p>They
decided to set up a soft drinks manufacturing business in Kumasi and took steps
to implement this decision.<o:p></o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff/Respondent’s Case<o:p></o:p>It
is the case of the Plaintiff that sometime in 2014 while in the United Kingdom
the Defendant suggested to him, the formation of a joint venture company to
manufacture soft drinks in Kumasi. Plaintiff says he agreed to the proposal and
came down to Ghana to start the venture. The parties, he avers, contributed
various sums of money as initial capital to start the business.<o:p></o:p>The
Plaintiff avers that he is a Quality Controller and worked as a Quality
Controller for the Coca Cola Company in United Kingdom for several years.&nbsp; He thus had the requisite expertise in that
line of business and he took the lead role in establishing the business.&nbsp; He procured the equipment, machinery and raw
materials required for the business from the United Kingdom and China.&nbsp; He avers that he developed the drink recipes,
packaging/branding of the drinks, and the production unit for the business. <o:p></o:p>He
also avers that he set up the laboratory registration and licensing of the
production unit and drink products of the business with the Food and Drugs Authority.
According to Plaintiff in August 2015 the soft drink production business
started operations.<o:p></o:p>There
arose a misunderstanding between the Plaintiff and the Defendant subsequently
and they decided to part company. They therefore agreed to settle accounts. Pursuant
to this a meeting was held with the Defendant at which the Defendant’s lawyer,
one Amofa was in attendance and Defendant agreed to pay the Plaintiff Forty
Thousand United States Dollars (USD$40,000.00) as his share of the
business.&nbsp; A written agreement Exhibit
‘E’ was entered into as evidence to cover this and was signed by both
parties.&nbsp; The Defendant has however
failed to honour his obligations under the agreement. <o:p></o:p><o:p>&nbsp;</o:p>Defendant/Appellant’s Case<o:p></o:p>It
is the case of the Defendant that the Plaintiff had lost his job in the United
Kingdom.&nbsp; He had discussions with him and
they agreed that Plaintiff should come home to Ghana for them to set up a soft
drinks manufacturing business as partners.&nbsp;
Defendant claims that the money to set up the business was provided
entirely by him. He claims that he remitted various sums of money to the
Plaintiff to set up the business.<o:p></o:p>After
arriving in Ghana Defendant states that a dispute arose between him and the Plaintiff
and they decided to go their separate ways. The Plaintiff had before this
indicated to him that he had also invested US$40,000 in the business.&nbsp; On the basis of that he executed an agreement
to pay the Plaintiff an amount of US$40,000.&nbsp;
He later on found out that Plaintiff had not invested any money at all
in the business but rather misappropriated all the money that he remitted to
him.<o:p></o:p>Defendant
claims that the parties agreed to meet to do an audit to resolve the stalemate
but that did not take place.&nbsp; He thus refused
to pay the Plaintiff the US$40,000 he had earlier agreed to pay. The Plaintiff
therefore brought an action against him claiming the following reliefs:<o:p></o:p>