ASHDEN TRADING PTY LTD
V.
SAMARTEX TIMBER & PLYWOOD CO. LTD

(2014) JELR 65348 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/31/14 ·  10 Dec 2014 ·  Ghana
CORAM
C. J. HONYENUGA J.A (PRESIDING), B. F. ACKAH-YENSU J.A, SAAED KWAKU GYAN J.A
Core Terms Beta
defendant
plaintiff
parties
contract
exhibit
trial judge
special damages
terms of the contract
appellate court
general damages of gh
prevailing bank rate
trial court
weight of evidence
breach of the contract
date of final payment
respondent’s case
supreme court
award of special damages
conclusion of the trial judge
containers load of plywood
cross-examination pw1
documentary evidence
duties of the appellate court
exhibits d
farmex ltd
following issues
following reliefs
further case of the plaintiff
implied condition of the said contract
introduction of exhibit
judgment of the commercial division of the high court
judgment of the trial court
notification of damage
pages of the judgment
proof of the claim
quality grading of the goods
respondent’s claim
respondent’s claims
rule of evidence
said condition
said contract
standard-form contracts
such decision
summary of the plaintiff
total cost of us
united states dollars
written agreements
written terms

BARBARA ACKAH-YENSU, JA

This is an appeal against the judgment of the Commercial Division of the High Court sitting in Sekondi and dated 13th March, 2013.

A summary of the Plaintiff/Respondent’s case is that pursuant to a contract between the Parties, the Plaintiff/Respondent between July and December 2009, purchased five (5) containers load of plywood (Chenchen and Ceiba) from the Defendant/Appellant at a total cost of US$148,801.48 (AUD 183,705.55).

Plaintiff/Respondent who required the goods for sale to the construction industry specifically indicated the quality grading of the goods to be B/BB and better grading. They also provided specific additional requirements and/or specifications for each order. It was the further case of the Plaintiff/Respondent that it was an implied condition of the said contract and the Defendant/Appellant thereby warranted that the goods would be of merchantable quality. In breach of the contract and the said condition and warranty, the goods delivered by …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login