FRAGA OIL GHANA LIMITED
V.
EVANS BEDIAKO

(2014) JELR 63740 (CA)    
Court of Appeal  ·  SUIT NO: H1/121/2014 ·  13 Nov 2014 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), ACQUAYE J.A., DZAMEFE J.A.
Core Terms Beta
defendant
plaintiff
appellant
court
respondent
grounds of appeal
dealership agreement
trial judge
court of appeal
exhibit
petroleum products
case of the plaintiff
further grounds of appeal
sufficient evidence
cross examination
delivery date
entire record
high court
terms of the agreement
additional grounds of appeal
appellate court
breach of the agreement
brief background of this case
chartered accountants
credible evidence
cross examination of the appellant
customer fails
date of payment
date of this judgment
days credit period
decision of the high court
defendant’s retail outlet
end of the trial
exhibit a.
favour of plaintiff
first supply of fuel
following grounds
fraga oil ghana limited
numerous exhibits
paragraph statement of claim
part of defendant
plaintiff’s case
regular supplies of fuel
reversal of the judgment of the high court
said amount
supply of petroleum products
supreme court
writ of summons claims

RULING

MARIAMA OWUSU, J.A:

On 7th August 2012, the High Court [Commercial Division] Accra, gave judgment for the plaintiff. The Court held among other things as follows;

“In my opinion, the Plaintiff adduced sufficient evidence to support its assertions, but Defendant did not adduce sufficient evidence in rebuttal. Neither did he adduce sufficient and credible evidence to prove his assertions. From the totality of the evidence before the Court therefore, I find that on the balance of probabilities the Plaintiff’s case is more probable than the Defendant’s. I will thus give judgment in favour of Plaintiff.

Per the terms of the Agreement any failure on the part of Defendant to comply with the terms and conditions thereof shall be tantamount to a breach of the Agreement. As stated above, Paragraph 7 of the Agreement states the terms and conditions with regard to payment for products delivered to the Defendant. I find that Defendant has breached this condition. Paragraph 8 of the Agreement pr…

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