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 2nd 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…

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