Ngozi Emeh v. Unity Oil Company Limited
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ANGELINA MENSAH-HOMIAH J.
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a claim by Ngozi Emeh for a facilitation fee against an oil company following an oral agreement to facilitate the sale of retail outlets to GOIL. Key issues included whether Emeh discharged her obligations, whether the Defendant breached the contract, and whether Emeh had the capacity to sue. The court found that Emeh performed her duties under the contract and the Defendant breached the agreement by not paying the agreed commission. Although Emeh was found to have misrepresented her status which led to statutory breaches, these did not affect her capacity to sue. The court awarded her GH¢300,000 in damages for the breach but denied other reliefs sought.
Writ of Summons and Statement of Claim issued from the Registry of this Court on 24th May, 2018, Ngozi Emeh, operating under the business name and style Emeh Trade Enterprise, claimed against the Defendant Oil Marketing Company as follows: i. An order for the recovery of the sum of One Million Cedis (GH¢1, 000, 000. 00) being 10%facilitation fee payable to Plaintiff on the amount so far paid for the acquisition of the retail outlets by GOIL.
Interest on the amount in (i) from February 2018 to date of final and actual payment.
An order compelling Defendant to pay to the Plaintiff 10% of whatever outstanding amount GOIL has paid or is required to pay in respect of the retail outlets purchased by GOIL.
Interest on the amount in (iii) from the date payment was/is made to the Defendant by GOIL to date of final and actual payment by Defendant to Plaintiff.
v. An order compelling the Defendant to furnish Plaintiff with a copy of the contract between GOIL and Defendant and to render accounts to the Plaintiff in respect of all payments made by GOIL.
Punitive/Exemplary damages for breach of contract.
Costs, including but not limited to legal fees.
The Plaintiff’s case is that sometime on July 2017, she entered into an oral agreement with the Defendant through its Manager, Alfred Attah Frempong whereby the Plaintiff was appointed/selected/approved by the Defendant to act as its agent in finding potential buyers for some of the defendant’s retail outlets.
Per the oral agreement, the Plaintiff contends that she is entitled to 10% of all proceeds from any sale of the Defendant’s retail outlets given to her to find a successful buyer.
The Plaintiff alleges that the said oral agreement was subsequently converted or reduced into writing and signed by the parties thereto.
And, even though she was instrumental in the sale of some of the defendant’s outlets to another OMC, GOIL, the Defendant has refused to pay her the agreed commission of 10% from the proceeds.
The Defendant denies the Plaintiff’s contention and says the Plaintiff has no capacity to sue because the Plaintiff falsely represented to the Defendant to believe that it is a private limited liability company which can facilitate the sale of some of its stations to some Oil Marketing Companies excluding GOIL.
The Plaintiff did not deny the existence of an Oral Agreement which was subsequently reduced into writing.
The Defendant’s case is that prior to the Agreement with the Plaintiff, the Defendant had