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EMMANUEL ADDO ABROKWAH V. DAVID ADDO FRIMPONG & ORS

(2022) JELR 110041 (CA)

Court of Appeal  •  H1/225/2021  •  6 Apr 2022  •  Ghana

Coram
OFOE, J.A. (PRESIDING) MERLEY WOOD, J.A. BERNASKO ESSAH, J.A.

Judgement

V. D. OFOE, J.A.

We shall still refer to the parties as they were at the trial court: Appellant in this court as Plaintiff and Respondents as 1st and 2nd Defendants respectively. The Plaintiff claims the 1st Defendant was his childhood friend in Ghana but he re-located to the United States of America. When they eventually met they agreed to have what he described in his statement of claim as a joint venture business.  It is his case that benefits accrued from this company, Darl Pharmaceutical, to be shared but 1st Defendant was not being transparent and failed to meet the profit sharing agreement so he asked for the return of his contribution. It is his case that the Company was established in 2009 with his share capital of $6,500. While he was the co-owner resident in the United States, the 1st Defendant was the resident manager in Ghana. According to Plaintiff the 1st Defendant unilaterally valued the business at 5000 shares at $53 each and allocated 300 shares to him. This was 6% of…

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