Kofi Sunkersette Obu V. A. Strauss & Anor (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Corporation not registered in Gold Coast suing by Attorney—Necessity forpower of attorney to be produced in evidence—Unchallenged evidence by Attorneythat he held corporation’s power of attorney Principal and agent—Agencycontract–Commission–Basis and rate left to discretion of principal—Claimfor account and payment of commission.

Facts

Prior to the action, the appellant, as defendants, and his solicitor dealt with Simmons as the respondents, agent and attorney. The appellant’s counter claim was. directed to the respondents’ by their attorney, Robert Simmons. Simmons stated on oath, during the trial, that he held the respondents’ power of attorney and this evidence was unchallenged.

Held

On appeal, where the question of the locus standi of the respondents (a corporation not registered in the Gold Coast) was first raised, that, while it is desirable that an attorney, suing as such, should produce his principal’s authority if it is in writing, that was not essential in the circumstances of the present case.

The appellant claimed for an account and payment of commission. The appellant was clearly a servant and not a partner.

Held: (i) the appellant was not entitled to an account;
(ii) there being fixed by the contract no rate of commission or basis of calculation, the appellant could not succeed on his claim for commission.

Appeal dismissed.