ADU ACHEAMFOUR v. PHILIP AMPONSAH ANARFI
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A.
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a commercial dispute over the sale of second-hand children's clothes, where the Plaintiff/Respondent seeks to recover the outstanding balance from the Defendants/Appellants. The High Court ruled in favor of the Plaintiff/Respondent, and the Defendants/Appellants appealed on several grounds, including issues related to the admissibility of evidence, the weight of the evidence, and alleged inconsistencies by the trial judge. The appellate court reviewed the entire record, applied legal principles, and found no reason to overturn the trial court's judgment. The appeal was dismissed, and the Defendants/Appellants were ordered to pay the outstanding balance and costs.
WELBOURNE, JA This is an appeal against the judgment of the High Court, Commercial division, Kumasi dated 28th April, 2016.
The facts are that the Plaintiff/Respondent is a businessman who imports second hand goods and lives in Ash-Town, Kumasi whilst the Defendants/Appellants are a married couple and traders who live at KronumKwapra, Kumasi.
It is the case of the Plaintiff/Respondent that the Defendants/Appellants ordered some children’s second hand clothes from him.
In furtherance of that request, he imported 424 bales of second hand children’s clothes to Ghana in January, 2013.
The Plaintiff/Respondent then supplied the whole of the bales to the 1stDefendant/Appellant in his rented warehouse at Kentinkrono,a suburb of Kumasi.
After inspection, the Defendants/Appellants accepted the delivery.
When it came to the price for the goods, the Plaintiff/Respondent quoted an initial fee of GH₵850.00 per bale.
These were along the line reduced to GH₵670.00.
Where upon they made part payment of GH₵90,000.00 and then GH₵30,000.00 whilst pleading for more time to pay.
This meant that they had made a total payment of GH₵120,000.00.
The Plaintiff/Respondent realising that Defendants/Appellants were delaying his return abroad, asked his brother to collect the balance from the Defendants/Appellants.
The Defendants/Appellants meanwhile had asked for a further reduction to GH₵600.00 per bale.
The Defendants/Appellants continued to postpone the payment of the outstanding balance leaving the Plaintiff/Respondent no option but to issue the Writ of Summons whereby he claimed the following reliefs: (i)Cash the sum of GH₵134,000.00 being the outstanding balance of second hand children’s clothes supplied to the Defendants/Appellants at their own request in January, 2013 but have wilfully refused to pay in spite of several demands. (ii)Interest on the amount at current bank rate from January, 2013 to date of judgment.
The Defendants/Appellants denied the averments in the Plaintiffs/Respondent’s Statement of Claim.
It was the case of the Defendants/Appellants that the 424 bales did not contain only second hand children’s clothes.
Indeed according to the Defendants/Appellants, the Plaintiff/Respondent intimated to the Defendants/Appellants in his presence during the inspection that only four of the bales contained mixed clothes but all the others were exclusively children’s clothes hence there were price variation for the different types of clothing.
Thus the Defend