YESTERDAY GLORY COMPANY LTD
V.
SIDALCO LIMITED

(2017) JELR 63703 (CA)    
Court of Appeal  ·  CIVIL APPEAL: H1/126/2016 ·  9 Mar 2017 ·  Ghana
CORAM
V. D. OFOE JA (PRESIDING), I. C. LARBI (MRS.) JA, M. M. AGYEMANG (MRS.) JA
Core Terms Beta
plaintiff
defendant
invoices
learned trial judge
invoice
appeal
award of interest
ghana cedis
cedi invoice exhibit a1
euro invoice
high court judge
justice of the appeal
weight of the evidence
appellate court
award of damages
instant appeal
sum of euros
trial court
actual fact
aforesaid places
agyemang ja
appellate court deals
cedi equivalent of euros
common cause
complete agreement
context of a binding contract
definition of law of election
economic considerations
equivalent invoice
equivalent of the said sum
exclusive right
exhibit a1
general rule
ghana cedi
initial payment
initial payment of ghc
invoice exhibit a.
judgment of the high court
judgment of the trial high court
learned trial high court judge
main ground
managing director
payment of the purchase price
payment of the sum of euros
present appeal
state of affairs
view of the continuing decline of the cedi
words of the managing director of the plaintiff

AGYEMANG JA:

In this appeal against the judgment of the High Court delivered on the 6th of May 2015, the appellant seeks the following reliefs:

1. An order setting aside the judgment of the trial High Court...

2. An order directing the defendant/respondent to pay the Cedi equivalent of Euros 318,000.00 as of date(less the initial payment less the initial payment of GHC 801, 360.00 to the plaintiff/applicant) in settlement of the cost of the machinery and equipment purchased from the plaintiff/appellant in the year 2012.

The matters that have given rise to the present appeal are sufficiently simple:

It is common cause that the parties entered into a contract sometime in October 2012 for the plaintiff/appellant (hereafter referred to alternately as the plaintiff or the appellant), to supply two (2) DAF Tipper Trucks and one (1) CAT Roller to the defendant/respondent (hereafter referred to alternately as the defendant or the respondent).

The plaintiff supplied the items contracted for and then…

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