Kofi Sunkersette Obu V. A. Strauss & Anor (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Principal and agent—Agency contract—Commission—Basis and rate left todiscretion of principal—Claim for account and payment of commission—Courtincompetent to grant relief claimed.

Facts

By an agreement signed by the appellant, who was the agent in West Africa of the respondent company for the purChase and shipment of rubber to the company in London, it was provided, inter cilia, that ” the company has agreed to remunerate my services with a monthly sum of fifty pounds “—subsequently reduced to L20—” to cover my personal and travelling expenses. . . . A cord-mission is also to be paid to me by the company which I have agreed to leave to the discretion of the company “.

The respondents, after the termination of the appellant’s employment, having instituted proceedings against him claiming money alleged to be due from him as their agent, he entered a counter-claim for an account to be taken between them of all rubber shipped by him between specified dates, and for commission on all the rubber purchased by him for the respondents. On appeal against the dismissal of his counter-claim

Held

That the relief which the appellant claimed by his counter-claim was beyond the competence of any court to grant. The court could not determine the basis and rate of commission. To do so would involve not only making a new agreement for the parties, but varying the existing agreement by transferring to the court the exercise of a discretion vested in the respondents.

Appeal dismissed.