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GHASSOUB
V.
COX LONG (GHANA) LTD

(1975) JELR 82038 (CA)

Court of Appeal 21 Apr 1975 Ghana
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- Appellant, a timber contractor, sold various species of timber by weight to respondent company (in liquidation), with all timber paid for pursuant to written contracts entered into between 1960 and 1962. - In 1964, appellant claimed short

Case Details

Judges:APALOO JA., KINGSLEY-NYINAH JA., ANNAN JA.
Counsel:C. F. Hayfron-Benjamin for the appellant. E. V. O. Dankwa for the respondents.
Other Citations:[1975] 1 GLR 384- 390.

JUDGMENT

APALOO J.A.

The appellant is a timber contractor and the respondents, a limited liability company (hereinafter called the company), were exporters of timber logs and lumber. The latter was in liquidation at the date of the writ. Between 1960 and 1962 the appellant sold to the company, various species of timber by weights at prices agreed between them. It is common ground that this timber was paid for.

At some time in 1964, the appellant claimed that he had been short paid for the logs and sought to recover the alleged short payment from the company. This claim was rejected. In 1965, the appellant issued a writ which, as amended, was for "¢50,626.81 being the balance due and representing the difference between the measurements of logs . . . in accordance with regulations published in the supplement to Ghana Gazette (No. 35) dated 26 April 1958."

The appellant put the basis of his claim squarely on legislative provision. The parties entered into a written contract and unless it ca…

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