COL. AYISI
V.
NASSIRU ABDULAI BANDA

(2012) JELR 69843 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/68/2011 · 30 Mar 2012 · Ghana

CORAM

MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Core Terms ^Beta

respondent

capacity

counsel

trial judge

learned trial judge

zimbabwe transport co. ltd.

bags of sugar

khawaja brothers co. ltd.

trial court

high court

number plates

title of the case

trial

case of the respondent

high court judge

registration number gn

transport officer

appellant’s agent

cross-examination

finding of fact

grounds of appeal

necessary capacity

ankrah interested party

breach of contract

khawaja brothers company ltd.

weight of the evidence

agent of zimbabwe transport

capacity of a person

case of the defendant

clear inference

course of this judgment

determination of a case

driver ben

end of the trial

evidence of d.w.

following reliefs

given situation justice

individual evidence

material allegations of fact

matter of fact

none of the vehicles

own confession

painstaking investigations of the respondent

receipt of the record of appeal

said vehicle

time ben

transporter of zimbabwe transport co. ltd.

unchallenged evidence of d.w.

F.G. KORBIEH, J.A.

The plaintiff/respondent (who shall hereinafter be referred to only as the respondent) sued the defendant/appellant (who shall hereinafter be referred to only as the appellant) and another (the 2^nd defendant) in the High Court, Kumasi claiming from them the following reliefs:

i. Recovery of possession of 1000 bags of sugar that the defendants were contracted to convey per vehicle with registration number GN 384 Y a Renault 340 T t/truck from Tema to be delivered in Kumasi but which bags of sugar were never delivered; or

ii. Recovery of the cost of the 1000 bags of sugar at the prevailing market price;

iii. General damages for breach of contract.

iv. Any order(s) from the court.

The case of the respondent (who described himself as ‘a transport officer and transporter of ZIMBABWE Transport Co. Ltd., Berekum’) at the trial court may be summarized as follows: he was engaged by Khawaja Brothers Co. Ltd. to convey 1000 bags of sugar from Tema to Kumasi. Because none of the vehi…

COL. AYISI V. NASSIRU ABDULAI BANDA

COL. AYISI
V.
NASSIRU ABDULAI BANDA