CARBON COMMODITIES DMCC
V.
HELENA ARTHUR MAWUENYEGA

(2018) JELR 69750 (HC)    
High Court  ·  SUIT NO.RPC/122/15 ·  23 Jul 2018 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Core Terms Beta
defendant
francis eghan
plaintiff
fish
simon williams
evidence
counsel
agent of the plaintiff
worth ghc
container loads of fish
francis hagan
agreed specifications
closing submissions
evidence act
express agreement
full payment
specific reference
third person
united states dollars
amount of usd
attention of the plaintiff
case of the plaintiff
cogent evidence
containers of mackerel fish
contract of sale agreement
court finds
delivery of part of the consignment
delivery of the quantity of fish
dw1’s boys
email communication
established fact
exhibits 6a
fish supplies
following issues
free zone company
name francis hagan
omissions of the said francis eghan
plaintiff’s own conduct
plaintiff’s writ
quantity of the fish
result of usd
rules of evidence
said agent
scope of such ostensible authority
statement of claim
submission of counsel
such belief
supply of quality fish
witness statement of dw2
worth of fish

JUDGMENT

The Plaintiff in this suit is described as a Free Zone Company registered under the laws of the United Arab Emirates and carries out the business of supplying commodities. The defendant is also described as an entity registered under the laws of Ghana and it is engaged in the business of selling frozen fish. The dispute between the parties came up as a result of USD 123,900 worth of Fish shipped by the Plaintiff to the defendant under a contract of sale agreement for which full payment has not been made.

Per the endorsement on the amended writ of summons filed on 19/07/17, the Plaintiff sought to recover the sum of Sixty- Nine Thousand, One Hundred and Eighty Three United States Dollars Seventy One cents (US$69, 183.71) and interest thereon at the current commercial rate from October 10, 2014 to the date of final payment. However, after the lawyers had filed their final addresses, counsel for the Plaintiff applied for, and was granted leave, under Order 16 rule 5(1) of C.I. 47,…

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