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EDWARD OPPONG AFRIYIE v. TOTAL PETROLEUM GH LTD

2021

COURT OF APPEAL

GHANA

CORAM

  • SENYO DZAMEFE, J.A. (PRESIDING)
  • NICHOLAS C. AGBEVOR, J.A.
  • JENNIFER A. DODOO, J.A

Areas of Law

  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This Ghana Court of Appeal decision, authored by Jennifer A. Dodoo, J.A., concerns Edward Oppong Afriyie’s claim that Total Petroleum Ghana Limited treated him as a dealer at its Motorway 1 service station after dealer Stephen Hagan died in July 2016. Oppong Afriyie sought GH92,228.41 in commissions and GH9,193.64 from shop profits, asserting an unwritten dealership. Total countered that he served only as caretaker and continued receiving monthly salary, citing a caretaker account and salary vouchers (Exhibits C and 1). On appeal, the Court reheard the case under Rule 8(1) and found he had not met conditions to be appointed dealer nor proven the sums claimed. It held that caretakers are distinct from dealers and cannot both earn salary and dealer commissions. The Court set aside the trial court’s awards but directed payment of GH33,795.19 that Total had offered as goodwill, without interest.

JUDGMENT