BERNARD ANSAH v. SIMON BAIDOO
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Commercial Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute over a sale of used printers where the Plaintiff claimed an unpaid balance of 15,500 Euros. The Plaintiff claimed he supplied the Defendant with the agreed machines, while the Defendant argued that the machines were defective and counterclaimed for costs incurred in repairs. The court ruled in favor of the Plaintiff, stating that the Defendant is to pay GHS 59,000 with interest and determined that the Defendant had accepted the goods and lost his right of rejection. The court dismissed the Defendant's counterclaims as unmeritorious.
JUDGMENT
This action arose from disagreements between the parties herein over a sale of goods contract whereby used printers were to be supplied by the Plaintiff to the Defendant. The Plaintiff is claiming an unpaid balance of fifteen thousand five hundred Euros (E15,500.00) together with interest.
A summary of the Plaintiff's case as contained in his statement of claim filed on 14/10/2013 is that somewhere in July 2012, the defendant approached him to facilitate the purchase of printing machines from Germany for his printing business. The Defendant is said to have turned down two machines earlier supplied to him and they were replaced. The Plaintiff quoted the purchase price as forty three thousand Euros ( E 43,000.00) out of which the Defendant paid twenty Seven Thousand, Five Hundred Euros, leaving an unpaid balance of Fifteen Thousand and Five Hundred Euros ( E 15,500.00).
The Defendant's defence is encapsulated in a 14- paragraphed statement of defence filed on 28/11/13. His case was that the Plaintiff supplied him with different specifications and models of the printing machines , contrary to their agreement. Besides, the machines were delivered late, causing him to borrow additional monies to carry out his printing works so as not to disappoint his customers. He further pleaded that the price was quoted in Cedis, but not in Euros, and he in fact made a part payment of GHS 62,000.00 in addition to a commitment fee of GH¢ 2,000.00, out of the total sale price of GH¢ 130,000.00. These machines turned out to be defective. And, to the knowledge of the Plaintiff, he incurred extra expenses by way of payments to engineers in his attempt to make the machines operational.
Therefore, the defendant counterclaimed as follows:
(1) For an order to compel the Plaintiff to supply him with 2 units of slightly used Kord 64 printing machines with a set off of costs incurred in an attempt to repair the malfunctioning Kord 62 used printing machine earlier supplied by the Plaintiff and retrieve the said malfunctioning Kord 62 used printing machine from the Defendant's workshop.
OR in the alternative the Plaintiff should be ordered by this court to refund all monies totaling Thirteen Thousand Ghana Cedis ( GH¢ 13,000.00) as at 31st July 2013 excluding interest spent by the Defendant in an effort to repair the supplied one unit of Kord 62 used printing machine and retrieve the said malfunctioning Kord 62 used printing machine from the Defendant's workshop.
(2) An or