SPINTEX LTD.
V.
EVANS ATTA-EDUA

(2010) JELR 69494 (CA)    
Court of Appeal  ·  CIVIL APEAL NO.H1/27/2010 ·  4 Nov 2010 ·  Ghana
CORAM
MARIAMA OWUSU JA (PRESIDING), YAW APPAU JA, MARFUL-SAU JA
Core Terms Beta
respondent
appellant
chief accountant
trial court
record
appeal
grounds of appeal
additional grounds
cost of gh
agent of the company
appellant’s chief accountant
companies act
award of cost
date of final payment
material facts
respondent’s account
respondent’s orders
sales manager
statement of claim
additional grounds of appeal
appellant company
behalf of the company
case of the respondent
circumstance of his case
continued supply of goods
cost of his supplies
course of respondent
determinable issues
determination of issues
effect of section
end of the trial appellant
examination of the record of appeal
general damages
general rules of pleadings
judgment of the court
judgment of the high court
management of appellant company
marful-sau ja
notice of appeal
original notice of appeal
paragraph statement of defence
plaintiff action
recovery of an amount
respondent’s defence
rules of this court
said indebtedness
strouds judicial dictionary
terse statement of claim
weight of the evidence

MARFUL-SAU JA: This is an appeal against the judgment of the High Court, Accra dated the 31st October 2008, dismissing the plaintiff action and entering judgment for the defendant on his counterclaim. The plaintiff is thus the appellant herein and the defendant is the respondent. The appellant per the writ issued on 28-1-93 claimed the following:-

Recovery of an amount of ¢110,175,349.74

Interest at the current bank rate from 31/7/92 to date of final payment

General damages for breach of contract

In a terse statement of claim of 7 paragraphs, the appellant simply alleged that it supplied goods to the respondent between August 1990 to July 1992 worth ¢203,656,469.08. However, in July 1992 when the respondent’s account was audited his indebtedness stood at ¢110,175,349.74. The appellant further averred that the respondent had failed to settle the said indebtedness notwithstanding repeated demands.

The respondent disputed the claim and filed a 28 paragraph statement of defence and counterclai…

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