JUDGMENT OF ANSAH-TWUM J.
The plaintiff, as per his writ of summons filed on 12 February 1979, claims against the defendant herein:
"damages for breach of a written agreement dated 1 August 1973 and made between the plaintiff and the defendant, and under which the defendant promised and undertook to cause to be paid to the plaintiff annually thirty-five per centum (35%) of the net profits of certain limited liability companies."
Since the plaintiff's amended statement of claim filed on 4 November 1980 explains further the claim against the defendant, I do hereunder set out in extenso some of the paragraphs for that purpose:
"(1) [The] plaintiff is a retired government official formerly in the service of the Forestry Department of Ghana, and [the] defendant is an Italian businessman engaged in the timber industry and business in Ghana.
(2) Between the months of February and August 1973 [the] plaintiff and [the] defendant discussed together the possibility of going into business together in [the] timber industry.
(3) As a result of the said discussions, it was agreed between [the] plaintiff and [the] defendant that [the] defendant should take such steps as his limited resources would permit towards establishing a timber business immediately with all the help and assistance that the plaintiff could supply without contravening any of the terms of his employment as a government official.
(6) In yet further pursuance of the said agreement [the] plaintiff negotiated the assignment of a timber concession of about 30 square miles near Wassa-Nkrang by Messrs. J. W. Frans & Co. Ltd., to [the] defendant in or about July 1973.
(7) In pursuance of the said agreement, and for the purpose of protecting the plaintiff's interest in the business that [the] defendant was then establishing with [the] plaintiff's help, as above particularised [the] plaintiff and [the] defendant executed a written agreement dated 1 August 1973, whereby [the] defendant undertook to pay over to [the] plaintiff every year a sum equal to thirty-five per centum (35%) of the net profits of any company formed by the defendant.
(8) [The] defendant has since the said agreement came into force, formed and established three companies, namely, Ivo Fiorini Ltd., Kuofie Timber Agency Ltd., and Subin [p.833] Timbers Co. Ltd., through all of which the defendant has engaged in the timber and saw-milling business at profit, but has failed to pay over to plaintiff the p
