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ASPEE PHARMACEUTICAL LTD.
V.
MR. OWUSU AGYEMANG

(2019) JELR 65877 (CA)

Court of Appeal 25 Mar 2019 Ghana
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- The Court of Appeal affirmed the Circuit Court’s decision to recommend transfer of the case to Tamale Circuit Court pursuant to Order 3 r.1(4) of C.I. 47, as Tamale was both the place of contract performance and the Defendant’s business l

Case Details

Suit Number:SUIT NO. H1/52/2018
Judges:MARIAMA OWUSU (MRS.) J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.
Counsel:ABENA BOSOMPEMAA ANTWI FOR PLAINTIFF/RESPONDENT/APPELLANT

JUDGMENT

MARGARET WELBOURNE (MRS.) J.A.

BRIEF FACTS:

This is an appeal against the Ruling of the Circuit Court dated 7th December, 2017.

The parties became business partners from the year 2016 per an oral agreement in Kumasi. As part of their business dealings, it was agreed that after the Plaintiff/Respondent/Appellant had supplied some drugs to the Defendant/Applicant/Respondent, he should then pay for the drugs supplied to him by the Plaintiff/Applicant/Respondent, within a specified time frame; that is three months upon delivery. This agreement worked perfectly until a subsequent business transaction involving the supply and sale of drugs by the Plaintiff to the Defendant.

After the Plaintiff had supplied drugs worthThirty Nine Thousand One Hundred and Sixty-Six Ghana Cedis, Twenty-One Pesewas (GH₵39,166.21) to the Defendant on 2nd September 2016, he failed to make good his promise to pay for the cost of the drugs within the agreed specified time limit.

On 5th October, 2017, the Plainti…

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