KESSIE v. CHARMANT AND ANOTHER

This judgment by Annan JA addresses a dispute between Cobbina Kessie, a Ghanaian solicitor and diplomat, and Mim Timber Co., Ltd. and its managing director concerning promises made in December 1960 while Kessie was Ghana’s Ambassador to Liberia. Mim sought Kessie’s assistance to establish a timber enterprise in Liberia and offered him a gift of five percent shares in a proposed Liberian company and, contingent on leaving public service and relocating, a public relations officer post and a directorship. Kessie accepted and took official steps, including writing to Liberia’s President, and facilitated access to influential officials such as Everest T. Goodrich. Although the Liberian company was formed in 1962 and a 1967 meeting at Mim purportedly settled delivery of shares and appointments, Mim did not perform. The court found Kessie was ambassador during the dealings; the share gift was not a contract; the appointment promises could constitute a contract supported by consideration and commercial intent, but the bargain’s core was unlawful: using official position for private reward. Foreign law was not proved, Ghanaian public policy applied, limitation did not bar the claim, and the action was dismissed with costs.