Commercial Law Briefs

Agbemashior and Others v State Insurance Corporation And Others

Court: High Court of Ghana

Year: 1972

Principle(s): An agent is in a fiduciary relationship with the principal and therefore has a duty imposed on him to account to the principal for all monies received by him on behalf of the principal.

Atuguba & Associates v. Scipion Capital (UK) Ltd. and Holman Fenwick Willian LLP

Court: Supreme Court

Year: 2018-2019

Principle(s): An agent has the power to alter his principal’s legal relationship with others; Liability of a disclosed principal; When a direct contractual relationship is established between the principal and a third party, the agent does not form part of that relationship; The party can hold either the agent or principal liable under the contract, but never both.

Buama v Oppong

Court: Court

Year: 1988

Principle(s): Apparent or ostensible authority; Principal liable for acts of agent whose authority is ostensible

Commodore v Fruit Supply (Ghana) Ltd

Court: Court of Appeal

Year: 1973

Principle(s): Ostensible authority: The respondent company, by their conduct of holding out Attoh Quarshie as a director with an unqualified authority to act on their behalf, were therefore estopped from denying him as their agent and representative

Nanor v Autoparts Ltd

Court: High Court

Year: 1992

Principle(s): Price can be decided later in a contract for the sale of goods; specific performance only available for specific or ascertained goods

Rockson v Armah

Court: Court of Appeal


Principle(s): Rejection of goods by buyer must be done within a reasonable time; When the buyer inspects the goods, is aware of possible defects, yet takes the goods, he is bound by that decision to take the goods as property of the goods would have been transferred to him.

Adams v Morgan

Court: King's Bench

Year: 1924

Principle(s): An agent is entitled to be indemnified for his expenses incurred in the course of following the principal's instructions.

AG for Hong v Reid

Court: Privy Council


Principle(s): A person in a fiduciary position cannot retain profits accruing from his breach of his fiduciary obligations.

De Bussche v Alt

Court: Court

Year: 1873

Principle(s): An agent may hire another agent with the consent of the principal and create a relation between the principal and sub-agent; sub-agent accountable to principal; agent cannot personally profit from the agency without the consent of the principal

E. Sfeir & Co v. National Ins. Co. of New Zealand, Ltd.

Court: High Court (Accra)

Year: 1962

Principle(s): General vs specific agent; In examining the authority of the agent, the courts take into consideration surrounding circumstances leading to the formation of the agency

Freeman and Lockyer v. Buckhurst Park Pty

Court: Court

Year: 1963

Principle(s): Apparent authority: a legal relationship between the principal and the contractor created by a representation, made by the principal to the third party, intended to be and in fact acted on by the third party, that the agent has authority to enter on behalf of the principal into the contract of a kind within the scope of the apparent authority, so as to render the principal liable to perform any obligations imposed upon him by such contract.

Ada Co-operative Food Farmers Union Ltd v Abodei & Ors

Court: Court

Year: 1982-83

Principle(s): Real or ostensible authority determinable as a matter of fact; Claimant must prove that there was ostensible authority

Boardman v Phipps

Court: House of Lords

Year: 1967

Principle(s): A person in a fiduciary position must not make profits out of his trust/using trust property for personal gain.

Mok Bear Bar v Gada

Court: High Court

Year: 1978

Principle(s): The property in the two whiskeys was passed to the respondent even though he did not have physical possession of the whiskeys. The seller, by retaining possession of the goods, was considered a bailee and not an owner.

Commonwealth Trust v Akotey

Court: Court


Principle(s): Estoppel: if actual owner acts in a way that suggests another party has the ownership of the goods, then that other party may validly transfer title of the goods.

Georgia Hotel Limited v Silver Star Auto Limited

Court: Supreme Court of Ghana

Year: 2012

Principle(s): Latent defects; rejection must be done within reasonable time; goods cannot be rejected after property has passed from seller to buyer.

Helby v Matthews

Court: House of Lords

Year: 1895

Principle(s): A hire purchase agreement is not an agreement to buy. Though this option is available.

Transport Hire Purchase Ltd v Dede

Court: High Court

Year: 1992


Yayo v Nyinase

Court: Court

Year: 1975

Principle(s): Meaning of Hire Purchase Agreement, Consequences of Non Compliance with Formal Requirements for Hire Purchase etc

Ampadu and Another v. Dadzie

Court: Court of Appeal

Year: 1978

Principle(s): Effects of non-compliance with statutory provisions on formation of a hire purchase agreement

Ekuona Construction Co. Ltd. v. Bank for Housing and Construction

Court: Court

Year: 1992

Principle(s): Right of courts to dispense with formal requirements of a hire purchase; protected goods; damages for loss of use.

United Dominions Trust Ltd. v. Kirkwood

Court: Court of Appeal

Year: 1966

Principle(s): Meaning of a Bank