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ROBERT WOOD V. OXYAIR LIMITED KWABENA DARKO

(2005) JELR 68339 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/35/2004  •  27 Apr 2005  •  Ghana

Coram
MISS AKUFFO J.S.C. (PRESIDING,MRS. WOOD J.S.C,DR. DATE-BAH J.S.C,PROF. OCRAN J.S.C,ANINAKWA J.S.C.

Judgement

JUDGMENT

DR. DATE-BAH, J.S.C.

The material facts of this case, as established by the learned trial judge, were as follows: the first plaintiff played a leading role in shaping the course of a successful implementation of the second defendant’s dream of establishing a viable and profitable oxygen-manufacturing plant in Ghana. The first plaintiff and the two other plaintiffs made contributions towards the setting up of the defendants’ oxygen production business upon an understanding, reached with the second defendant, that forty percent of the shares in the first defendant company would be allocated to the plaintiffs. The second defendant admitted in his pleadings that he was the Managing-Director, Governor and Financial Controller of the first defendant. The defendants had, however, failed to honour the agreement concluded with the plaintiffs.

The learned trial judge concluded that:

“It is my opinion therefore that there was a valid agreement between the plaintiffs and the defendants whe…

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