ADOM MICRO SERVICES LTD v. NANA KWAMINA MENDS
2016
COURT OF APPEAL
GHANA
CORAM
- MARFUL- SAU J.A (PRESIDING)
- IRENE LARBI (MRS) J.A
- HENRY KWOFIE J.A
Areas of Law
- Contract Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case is an appeal against a High Court judgment favoring the Plaintiff (a non-banking financial institution) against the Defendant (a businessman) regarding loan repayment for two trucks purchased for a project. The Defendant disputed the trial court's findings about the trucks' specification and the loan status. The appellate court upheld the trial court's judgment, affirming that the Plaintiff's rejection of the trucks was due to non-conformity with specifications and that the amount paid constituted a loan. The appeal was dismissed with the sum of GH¢223,533.00 to attract 8% simple interest from 1st December 2012 till final payment. Costs of GH¢3,000.00 were awarded to the Respondent.
JUDGEMENT
HENRY KWOFIE J. A.
This appeal is against the judgment of the High Court Tema delivered on 13th March 2015. The trial Judge entered judgment in favour of the Plaintiff/Respondent against the Defendant/Appellant for the sum of Two Hundred and Twenty Three Thousand, Five Hundred and Thirty-Three Ghana Cedis (GH¢223,533.00) with interest thereon at the rate of 8% per month from 1st February 2012 to date of final payment. The trial Judge also awarded cost of Five Thousand, Five Hundred Ghana Cedis (GH¢5500.00) against the Defendant.
Dissatisfied with the judgment of the Court, the Defendant/Appellant mounted this appeal per a Notice of Appeal dated the 08-04-2015. The grounds of appeal set out in the Notice of Appeal was that:
The trial Judge erred by holding that the Plaintiff’s CEO rejected the trucks because they were not up to his specification (viz Double Axle Truck) inspite of the fact that the Plaintiff’s wife (an officer of the Plaintiff company) and another had physically inspected and examined the trucks and were satisfied with same before effecting payment.
The trial Judge erred in holding that the amount of GH¢89,110 paid by the Plaintiff company to Defendant judgment-debtor was a loan to the Defendant
The whole judgment is against the weight of the evidence
Further or other grounds of appeal will be filed upon receipt of proceedings.
It is noted for the record that no additional grounds of appeal were filed. The reliefs sought from the Court of Appeal is that the judgment dated the 13th of March 2015 be set aside. Before dealing with the arguments advanced in support and against the appeal, I will give a background of the case. By its writ of summons, the Plaintiff Company claimed against the Defendant recovery of the sum of GH¢223,533.00 being Defendant’s outstanding indebtedness from a short- term loan granted Defendant by Plaintiff for which Defendant has failed and or has neglected to pay; interest on the said sum from 1st November 2012 to date of final payment.
In a 20 paragraph statement of claim which accompanied the writ of summons, the Plaintiff, a non-banking financial institution claimed that the Defendant, a businessman obtained a contract to supply chippings and boulders for a sea defence project at Ada. He needed two double- axle trucks to execute this job. As a result, he entered into an agreement with the Plaintiff whereby the Plaintiff advanced money for the purchase of the double axle trucks. By the agreement,