SEGA EXPORTS LTD.
V.
DART HILLS LTD.

(2013) JELR 69694 (CA)    
Court of Appeal  ·  SUIT NO. H1/197/2012 ·  2 May 2013 ·  Ghana
CORAM
ASARE KORANG J.A ,DUOSE J.A,ADJEI J.A
Core Terms Beta
plaintiff
defendant
court
exhibit
parties
breach of contract
appeal
high court judge
supreme court
actual loss
award
notice of variation of judgment
payment of a debt
trial high court judge
weight of evidence
general principles
greek mythology
grounds of appeal
high court
set aside
written notice
agreed sum
amount of us
appeal fails
award of damages of gh
award of interest
brief facts of the case
considered opinion
cost of the goods
cross examination
defendant inspection pictures of the goods
different grounds
duty of the appellate court
exhibit a1
exhibit j2
export of goods
following goods
following questions
gihoc refrigeration
goods of its orders
judgment of the high court
lawyers fees of usd7,000.00
nominal damages of gh
part of exhibit b series
plaintiff’s customers
record shows
respect of consequential loss
said judgment

JUDGMENT

ADJEI,J.A.:

This appeal is against the judgment of the High Court (Commercial Division) delivered on 29th November, 2010. Both parties are dissatisfied with the said judgment and each of them is praying for the judgment to be set aside but on different grounds. However, the plaintiff failed to file its Notice of Variation of judgment within time and same was struck out. The brief facts of the case were that the parties herein were trading partners. The plaintiff is a registered external company engaged in the export of goods into Ghana for sale to its customers. The defendant was one of the plaintiff’s customers. As per their terms of trade, the plaintiff sent the defendant inspection pictures of the goods to be shipped to it and upon confirmation by the defendant, the goods were shipped. As per the terms of the trade, the defendant was required to pay for the goods of its orders when the goods arrived at the Tema Port. The defendant would then go to its bankers; Merchant Bank …

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