Ratio Decidendi



BOYE
V.
ACHIMOTA BREWERY COMPANY LIMITED

(1982) JELR 69674 (HC)    
High Court  ·  12 Nov 1982 ·  Ghana
 · 
Other Citations
[1982-83] GLR 955
CORAM
HAYFRON J.

Ratio Decidendi

Core Terms Beta
plaintiff
defendant-company
cartons
exhibit eab1
letter
contract
agreement
exhibit
exhibit eab3
per cent
end of june
final agreement
foreign business agents
mr ofosu-asante
original contract
p. o. box
procurement manager
said agreement
variation of the contract
angels sing company
breach of the said novated agreement
date of exhibit eab1
delivery cost
delivery period of balance
edges of the printed abc
exhibit aeb3
following information
ghana commercial bank
good faith
gothia pulp
legal action
letter exhibit eab2
limited liability company
managing director
mr ofosu asante
mr ofosu-asante’s second argument
outer cartons
paper quality
per cent deposit payment
per cent of the cost
per cent of the total cost of the order
printed inserted abc letters
said changes
said novated agreement
such heavy reliance
supply of abc cartons
total cost of order
total volume of order
w. a. attafuah
weeks of today

HAYFRON J.

On 26 May 1981, the plaintiff, Emmanuel Adjetey Boye, wrote to the Achimota Brewery Co., Ltd. (hereinafter referred to as the defendant-company) offering to have manufactured for them 1,000 pieces printed cartons together with fitments at a cost of ¢1,725. That letter is not an exhibit in this application but on 27 May 1981 the defendant-company acting per their procurement manager, N. E. Mensah, wrote the letter, exhibit EAB1, directed to the Managing Director, Angels Sing Company, P. O. Box 10882, Accra-North. That letter reads:

“Dear Sir,

SUPPLY OF ABC CARTONS AND FITMENTS

This is to confirm our acceptance of your quotations for printed ABC outer cartons with fitments, reference your AS.11/321 dated 26 May 1981 given below:

1,000 pieces printed cartons @ ¢1,350 1,000

fitments @ ¢375

Delivery cost of 1,000 complete cartons @ ¢1,725

Total volume of order 100,000 pieces

100,000 pieces Total cost of order 172,500

TERMS: 50 per cent deposit payment — ¢86,250 (Our cheque No. 350403/1667…

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