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 9th 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 12th 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…

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