FLORINDO FEDELE JOHNSON VS WESTERN FRESH BOTTLING CO LTD.
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE PATRICK BAAYEH (J),
Areas of Law
- Contract Law
- Corporate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued Western Fresh Bottling Company Ltd, seeking repayment for share consideration and loans allegedly given under agreements with the company's deceased managing director. The court dismissed the Plaintiff’s claims, holding that the agreements were made in the personal capacity of the managing director and not in the capacity of the Defendant company. The court emphasized principles of burden of proof, privity of contract, and that a person cannot transfer more rights than possessed.
The Plaintiff instituted the instant suit originally against two Defendants, Western Fresh Bottling Company Ltd and Mr. Alfred Essienne on 20th November, 2019, claiming the under-listed reliefs as endorsed on the amended writ of summons.
i. An order compelling the Defendants to pay the sum of Twenty- Five Thousand Dollars ($25, 000) being the amount paid as consideration in exchange of 20, 000 ordinary shares of the Defendant company.
An order directed at the Defendants to pay the Plaintiff an amount of One Hundred And Nine Thousand, Three Hundred and Fifty Eight cedis(GH¢109, 358. 00). being loans the Plaintiff gave to the Defendant company.
An order directed at the Defendant to pay the Plaintiff an amount of Seventy-one Thousand, Nine Hundred Dollars ($71, 900) or its cedi equivalent being loans given to the Defendant.
Interest on the aforementioned sums of monies from 1st January, 2020 up to and inclusive of the day of final payment.
v. In the alternative an order for the valuation and sale of Defendant company’s water bottling factory which is currently shut down, situate at Prampram to enable the Plaintiff recover all the unprofitable investment made in the company.
Cost. vii.
Any other order(s) deemed fit by this Honourable court.
The case was subsequently discontinued against the 2nd Defendant (Mr. Alfred Essienne)on 11th November, 2021 when it was realized that the 2nd Defendant had passed on to eternity before the issue of the writ of summons.
The Defendant entered appearance and also filed its Defence denying Plaintiff’s claims. The Plaintiff also filed a reply to the Defendant’s Defence.
At the close of pleadings, the issues adopted for trial were; a. Whether or not the Defendant is indebted to the Plaintiff in the sum of $25, 000 being consideration in exchange of 20, 000 ordinary shares of the Defendant company.
b. Whether or not the Defendant company is indebted to the Plaintiff in the sum of GH¢109, 358 and $71, 900 or its cedi equivalent being loans given to the Defendant company.
The case of the Plaintiff as deduced from her pleadings is that she is an American pensioner and resides partly in the United States of America and partly in Ghana.
The Defendant is a limited liability company incorporated under the laws of Ghana and deals with the production and sale of bottled drinking water.
It is Plaintiff’s case that sometime in June, 2015 she was approached by Defendant through its managing director (now deceased) Mr. Alfred Es