EDEM AFFRAM & NANA OBUOR- NIMAKO V. BERNARD YAW OWUSU, BERNARD YAW OWUSU-TWUMASI & OAK HOUSE COMPANY LTD & OAK HOUSE GROUP LTD.

JUDGMENT

MAJORITY DECISION

PROF. MENSA-BONSU (MRS.) JSC:-

This is an appeal from a case which began because two friends decided to go into commercial ventures together, relying merely on their friendship to order their affairs, with unhappy results. It proves again the truth of the adage:

The interests of Friendship are served but ill,

When pressed into competition with the Till.

In this judgment, the original designations of the parties are maintained to avoid confusion as their roles in the case changed in the course of its travel through the hierarchy of courts.

Facts and Background

The 1 plaintiff and 1 defendant were friends who, at some point in time, were both based in the United Kingdom. They decided to go into business together, and first established a company, Concord Security Ltd. in UK which they managed together till 1st Defendant returned to Ghana, whilst 1st Plaintiff remained in the UK.

 While 1 plaintiff was in the UK and 1 defendant was in Ghana, they formed another Company,…