AFETSI AVEGE vs AKOSOMBO TEXTILES LIMLTED
December 13, 2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. PATIENCE MILLS-TETTEH, J.
Areas of Law
- Contract Law
- Evidence Law
AI Generated Summary
This High Court case concerns a dispute between a sole proprietorship importer of textile-printing chemicals in Akosombo and a limited liability textile printing company also based in Akosombo. The importer alleged that, at the defendant’s request, he air-lifted 900 kg of DycroFast dyes (Red B Base, Yellow GC Base, Bordeaux) to Ghana, supplied 300 kg for which USD 9,945.68 was paid, and stored the remaining 600 kg at GHC 10 per day pending pickup. The defendant denied ordering 900 kg, characterized the importer as a non-regular supplier, and emphasized the established procurement procedure (LPO → pro-forma invoice → invoice → supply → payment), claiming no LPO was issued for 900 kg. Emails referenced Mr. Fordjour and Mr. Choi requesting only 100 kg; the larger quantities were plaintiff’s advice, not accepted orders. Applying the burden of proof principle and reviewing exhibits and emails, the court found no agreement to purchase the remaining chemicals or to pay storage, dismissed all claims, entered judgment for the defendant, and awarded costs of GHC 3000.