The following judgment was delivered: Petrides, C.J.
By a Memorandum of Agreement, dated the 1st March, 1934, and executed in England, the plaintiffs (therein referred to as the company) agreed to employ the defendant (therein referred to as the Assistant) and the defendant to serve the company upon the terms and conditions therein set forth. The parts of that agreement material to the issues in this case are as follows:-
" 1 . The Company hereby agree to employ the Assistant who agrees to serve the Company for the term of two years from the date of sailing as Agent, Clerk, Storekeeper, Book-keeper, Cashier or any other capacity as the said Company shall from time to time require at Gold Coast or any of the Factories of the Company in Africa in their business of African Merchants and Shippers.
“ 2. The Company shall pay the Assistant a salary of £200 per annum and also an additional sum of £50 per annum as a special consideration for agreeing to Clause 6 of this Agreement both amounts to commence from date of sailing.
“ 3. The before mentioned salary shall not strictly become due and payable by the Company until the return home of the Assistant but the Company will permit in its discretion advances and drawings in Africa subject to a sum being always retained sufficient in the opinion of the Company to cover all reasonable contingencies.
“ 6. Upon the determination of his employment for any cause or by any means whatsoever the Assistant shall not for a period of one year next thereafter undertake to carry on either alone or in partnership nor be employed or interested directly or indirectly in any capacity whatever in the business of Merchants or any other business carried on by the Company within a radius of fifty miles from any Trading Station in Gold Coast which is now or shall at any time during his employment be established or owned or managed by the Company and will not during the like period and within the same area either personally or by his agent or by letters circulars or advertisements whether on his own behalf or on behalf of any other person firms or company compete or seek to compete with the Company in any such business as aforesaid nor in any way interfere with any of the Company's customers nor use any information concerning the Company's business or affairs or customers of the Company which may have been acquired by him in the course of or as an incident to his employment hereunder for his own benefit or to the detriment of the Comp
