ADINYIRA (MRS), JSC
This is an appeal from the judgment of the Court of Appeal delivered on 4 February 2011 affirming the judgment of the High Court Accra dated 7 March 2001 entered in favour of the Plaintiff /Respondent/Respondent (hereinafter referred to as the Plaintiff) against the Defendant/Appellant/Appellant (hereinafter referred to as the defendant).
The real issues in this appeal border on the lapse in procedure in Order 2 r.4 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) and the award of compensation for termination of an agency agreement. The facts of the case narrated in this opinion would therefore be centred on what relates to these issues.
The Plaintiff a company incorporated under the laws of Ghana was in 1978 appointed, in terms of an agency agreement Exhibit A, the sole agent in Ghana of the branded products of Pierson Munier and Company (PMC), a company incorporated under the laws of the United Kingdom. In 1980, the Defendant took over PMC and retai…