KWAME BOAMAH
V.
MENKISH IMPEX LIMITED

(2012) JELR 65553 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/03/2012 · 24 Feb 2012 · Ghana

CORAM

JUSTICE FRANCIS G KORBIEH JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE ROBIN B. BATU JA

Core Terms ^Beta

plaintiff

defendant

counsel

trial judge

defendant’s shop

cross-examination

mr. arko

appeal

rolls of carpets

kaysons supermarket

trial

weight of evidence

sum of gh

supreme court

bon arrive

evidence of dw1

notice of appeal

piece of evidence

additional grounds

circumstances of each case

claim of the plaintiff

conclusions of the trial judge

date of final payment

decision of the high court

defendant quantities of linoleum carpets

different persons

dw1 boateng jones

essential requirement of law

favour of the plaintiff

finding of fact

following grounds

grounds of appeal

illegal retrieval of defendants carpets

learned trial judge

limited liability company

opponent fails

plaintiff claims

plaintiff’s company representative

proprietary rights of the defendant

respect of goods

respect of the kumasi supply

retail of linoleum carpets

said judgment

said sum

special facts

unchallenged evidence of dw2

worth gh

JUDGEMENT

IRENE C DANQUAH JA

This is an appeal emanating from the decision of the High Court, Kumasi delivered on 9^th May 2010.

The Plaintiff is a Limited Liability Company and engages in wholesale and retail of linoleum carpets. The Plaintiff claims that at various occasions until 12^th February 2008, it supplied the Defendant quantities of linoleum carpets in respect of which the Defendant/Appellant is indebted to the Plaintiff in the sum of GH¢12,550.00. The Plaintiff therefore sued for the said sum together with interest at the prevailing bank lending rate till the date of final payment.

The Defendant denied the claim of the Plaintiff and in his defence alleged that the Plaintiff and its agents entered his shop in his absence and made away with carpets worth GH¢96,250.00 which was later amended to read GH¢32,060.00. The Defendant therefore counterclaimed for:

“ a. Recovery of GH¢32,060.00 worth of linoleum carpets collected illegally and unlawfully from Defendant’s shop by the Plaintiff…

KWAME BOAMAH V. MENKISH IMPEX LIMITED

KWAME BOAMAH
V.
MENKISH IMPEX LIMITED