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AGYEIWAAH & MERCY ENT. LTD VS SETHI BROTHERS GHANA LTD & ANOR

2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE SOPHIA ROSETTA BERNASKO ESSAH (MRS.)

Areas of Law

  • Contract Law
  • Tort Law
  • Civil Procedure

AI Generated Summary

This case involves a dispute over a failed business transaction between two Ghanaian companies. The Plaintiff company paid GH¢44,550 to the 1st Defendant's account for iron rods but never received the goods. The Defendants claimed they refunded the money to an "Alhaji" they believed was the Plaintiff's representative. The court found that the Defendants failed to prove they made a legitimate refund and acted negligently in paying out cash without proper verification. The court held the 1st Defendant vicariously liable for the 2nd Defendant's actions and ordered a refund of the full amount plus interest to the Plaintiff. The case highlights principles of burden of proof in civil cases, vicarious liability, and the importance of proper verification in business transactions.

JUDGMENT