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AFRICAN AUTOMOBILE LIMITED v. THE ATTORNEY-GENERAL

2012

SUPREME COURT

GHANA

CORAM

  • DATE-BAH JSC (PRESIDING)
  • ANSAH JSC
  • DOTSE JSC
  • BONNIE JSC
  • BAMFO(MRS) JSC

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

In the Ghana Supreme Court, Dr. S. K. DateBah JSC, writing for a unanimous panel including J. Ansah, J. V. M. Dotse, P. BaffoeBonnie, and V. AkotoBamfo (Mrs), dismissed a further appeal by a car dealer against the Ministry of Information. The dealer had sold vehicles for cash and provided aftersales servicing on credit, claiming over GH2,14,174,693.12 based on a purported 1991 creditfacility letter (Exhibit A) and an alleged acceptance (Exhibit B). The High Court (Justice Torkornoo) found no binding credit agreement because Exhibit A prescribed acceptance by signing, dating, and stamping the same letter, which never occurred, and Exhibit B was undated, lacked letterhead, and was unsigned. The High Court nonetheless found an outstanding debt of 1,563.64 Ghana cedis as at April 1999 and awarded interest at the prevailing commercial banking rate. The Court of Appeal affirmed. The Supreme Court upheld those rulings, held contract formation is a legal question for the court (not the referee), rejected compound interest, and noted Article 181(3) was inapplicable.

JUDGMENT