AFETSI AVEGE vs AKOSOMBO TEXTILES LIMLTED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. PATIENCE MILLS-TETTEH, J.
Areas of Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this legal case, the plaintiff, a sole proprietorship dealing in the import of textile chemicals, claimed that it imported 900 kg of chemicals upon the request of the defendant, a textile printing company. The plaintiff sought payment for the remaining 600 kg of chemicals that the defendant refused to pick up and pay for, citing breach of contract. However, the court held that the defendant did not formally request the full 900 kg, as proper procurement procedures were not followed, and only 300 kg were acknowledged and paid for by the defendant. The court ruled in favor of the defendant, concluding that there was no breach of contract, and awarded costs in favor of the defendant.
Central to the issues in this case is whether there was an agreement between the plaintiff and the defendant herein that the plaintiff should airlift specifically and purposely for the defendant 900 kg of chemical dye for which the defendant now owes the plaintiff an amount of USD 19,891.36, and the plaintiff is claiming by the filing of this suit with the following reliefs:
1. Recovery of the amount of USD 19,891.36 being the cost of 600 kg chemicals air-lifted on behalf of the defendant.
2. Interest on the above-mentioned amount from 25/07/2013 till the date of final payment.
3. Cost of storage of the chemicals at 10 gh per day from 25/07/2013 till the date of final picking up of the chemicals.
4. A declaration that the defendant has breached the terms of the contract.
5. General damages for breach of contract.
THE CASE OF THE PLAINTIFF
The plaintiff is a sole proprietorship based at Akosombo in the Eastern Region who imports chemicals for textile printing and who upon request by the defendant, imported 300 kg of DycroFast Red B Base, 300 kg of DycroFast Yellow GC Base, and 300 kg DycroFast Bordeaux worth a total of USD 29,837.04 for the printing of textiles for the defendant who is a limited liability company, registered under the laws of Ghana and in the business of printing textiles, also based at Akosombo in the Eastern Region.
According to the plaintiff, the chemicals as requested by the defendant are only produced by the manufacturer upon request and therefore the 900 kg of chemicals was specifically produced for the defendant company; and due to the urgency of the need for the chemicals, the defendant agreed that the chemicals be air-lifted to Ghana.
It is the case of the plaintiff that upon the arrival of the chemicals in Ghana, the defendant requested the plaintiff to supply 100 kg each of the 3 different chemicals whilst the remainder of 600 kg is kept in the stores of the plaintiff to be picked at a later date. The defendant paid USD 9,945.68 for the delivery of the 300 kg of chemicals. According to the plaintiff, it has since the first delivery, made several calls on the defendant to pick up the remainder of the chemicals but the defendant has refused to pick them up. The defendant therefore owes the plaintiff USD 19,891.36 being the cost of the remaining 600 kg of chemicals.
It is the plaintiff’s case that he has been storing the chemicals for the defendant at a cost price of 10 gh from the date the chemicals arrived in Ghana