ANDREAS BSCHOR GMBH & CO. KG
V.
BIRIM WOOD COMPLEX LTD AND BIRIM TIMBERS LTD

(2016) JELR 65624 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/9/2015 ·  22 Mar 2016 ·  Ghana
CORAM
ATUGUBA JSC (PRESIDING), ANSAH JSC, BAFFOE- BONNIE JSC, BENIN JSC, PWAMANG JSC.
Core Terms Beta
high court
court of appeal
provisions of the sale of goods act
decision of the court of appeal
installation of a saw-mill
implied condition of the contract of sale
contract document
timber business
weight of the evidence record
said court
breach of a fundamental obligation
high court judge
following admissions
particular purpose of goods
claim of plaintiff
supply of timber products
case of rockson v
koglex ltd
installation of the sawn mill
installation of the saw-mill plant
full trial
lawyer e. a. oduro
counterclaim of the defendants
defendants
plaintiff
awards of damages
special damages
miscarriage of justice
pro forma invoice
used car
trial judge
others defendants
business transaction
appeal
case
lower court’s finding
sidney marcus ltd
cases of achoro
whole evidence
appellate court
managing director
duties of the seller
reasonable time
bartlett v
breach of the fundamental obligation
second hand car
goods fail
statement of case

JUDGEMENT

PWAMANG, JSC.

In 1988 the parties herein, who were in timber business in Ghana, entered into a business transaction worth about DM1.2 million for the supply and installation of a saw-mill for the defendants/respondents/appellants, hereafter referred to as the defendants, to be paid for with the supply of timber products to the plaintiff/appellant/respondent, hereafter referred to as the plaintiff. The transaction was not covered by a properly drawn up and executed contract document as the parties must have placed trust in each other. Unfortunately, events shortly after the installation of the sawn mill proved that trust alone, without properly executed contract, was not enough to ensure a smooth business relationship and they ended up in litigation which has lasted for about twenty years.

The litigation commenced in 1994 in the High Court at Akim Oda where defendants are based and after judgment there was an appeal to the Court of Appeal. This is an appeal against the decision …

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