AFETSI AVEGE
V.
AKOSOMBO TEXTILES LTD

(2016) JELR 107778 (HC)

High Court · SUIT NO. AC/748/2014 · 13 Dec 2016 · Ghana

CORAM

(SGS.) PATIENCE MILLS-TETTEH (MRS)

Core Terms ^Beta

defendant

plaintiff

chemicals

defendant company

request

pro-forma invoice

case

emails

local purchase order

case of the plaintiff

plaintiff’s store

plaintiff usd

300kg of dycrofast red b base

behalf of the defendant

corresponding exhibit

eastern region

exhibits

pro-forma invoice exhibit

300kg dycrofast bordeaux worth

affects purchases

amount of usd19,891.36

clear sequence of purchases

competitive prices

cost of storage of the chemicals

cost of the remaining 600kg of chemicals

cost price of 10gh

cross-examination

documentary evidence

duty of a plaintiff

evidence shows

exhibit c

general damages

later date

limited liability company

patience mills-tetteh

plaintiff’s case

prior request

remainder of 600kg

stores of the plaintiff

supply of the product

textile printing

urgency of the need of the chemicals

various documents

JUDGMENT

Central to the issues in this case, is whether there was an agreement between the plaintiff and the defendant herein that the plaintiff should airlift specifically and purposely for the defendant 900 kg. of chemical dye for which the defendant now owe the plaintiff an amount of USD19,891.36, and the plaintiff is claiming by the filing of this suit with the following reliefs;

1. Recovery of the amount of USD 19,891.36 being the cost of 600kg chemicals air-lifted on behalf of the defendant.

2. Interest on the above mentioned amount from 25/07/2013 till date of final payment.

3. Cost of storage of the chemicals at 10gh per day from 25/07/2013 till date of final picking up of the chemicals.

4. A declaration that the defendant has breached the terms of contract. 5. General damages for breach of contract.

THE CASE OF THE PLAINTIFF

The plaintiff is a sole proprietorship based at Akosombo in the Eastern Region who imports chemicals for textile printing and who upon request b…

AFETSI AVEGE V. AKOSOMBO TEXTILES LTD

AFETSI AVEGE
V.
AKOSOMBO TEXTILES LTD