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DAM
V.
J. K. ADDO AND BROTHERS

(1962) JELR 67735 (SC)

Supreme Court 21 Dec 1962 Ghana
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- The Supreme Court set aside the High Court’s judgment, holding that the trial judge erred by deciding the case on grounds not pleaded or raised by the parties, specifically by accepting a defense inconsistent with the defendant’s pleading

Case Details

Judges:ADUMUA-BOSSMAN JSC, OLLENNU JSC, AKUFO-ADDO J.S.C.
Counsel:DR. J. B. DANQUAH FOR THE APPELLANT; NO APPEARANCE BY OR ON BEHALF OF THE RESPONDENT.

ADUMUA-BOSSMAN J.S.C.

The appeal is against a judgment of the High Court, Kumasi, (Simpson, J.) which disallowed the claim of the plaintiff appellant (hereafter referred to shortly as the appellant) for the sum of £G588 18s. as due and owing to him upon the taking of accounts of guns and ammunitions supplied to him by the defendants-respondents (hereafter referred to shortly as the respondents) who employed and stationed him as their storekeeper at Tamale in terms of a written agreement, exhibit C. For the purposes of this case the material period of his employment was from September 1958 to March 1959. He was supplied with the guns and ammunitions under debit notes which he signed to acknowledge receipts of the same, and if the employers themselves or any person authorised by them, including another storekeeper called Mr. Ofori stationed at Wa, applied for and obtained any of the merchandise from his stock, a credit note duly signed by the recipient was delivered to him in respect of …

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