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ADU ACHEAMFOUR
V.
PHILIP AMPONSAH ANARFI AND MADAM BIMPOMAA

(2018) JELR 65130 (CA)

Court of Appeal 15 Oct 2018 Ghana
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- This is an appeal against a judgment in a commercial case. - The plaintiff is a businessman who imported second-hand children's clothes and supplied them to the defendants. - The defendants accepted the delivery but disputed the price and

Case Details

Suit Number:SUIT NO: H1/66/2017
Judges:ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.
Counsel:JOSEPH BOAKYE DANQUAH FOR PLAINTIFF/RESPONDENT; NO REPRESENTATIVE FOR DEFENDANTS/APPELLANTS.

JUDGMENT

WELBOURNE, JA

This is an appeal against the judgment of the High Court, Commercial division, Kumasi dated 28th April, 2016.

The facts are that the Plaintiff/Respondent is a businessman who imports second hand goods and lives in Ash-Town, Kumasi whilst the Defendants/Appellants are a married couple and traders who live at KronumKwapra, Kumasi.

It is the case of the Plaintiff/Respondent that the Defendants/Appellants ordered some children’s second hand clothes from him. In furtherance of that request, he imported 424 bales of second hand children’s clothes to Ghana in January, 2013. The Plaintiff/Respondent then supplied the whole of the bales to the 1stDefendant/Appellant in his rented warehouse at Kentinkrono,a suburb of Kumasi.

After inspection, the Defendants/Appellants accepted the delivery. When it came to the price for the goods, the Plaintiff/Respondent quoted an initial fee of GH₵850.00 per bale. These were along the line reduced to GH₵670.00. Where upon they made part paym…

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