DICKSON AGBEMAFLE v. CHARLES NORNOO

GYAESAYOR, JA

This appeal emanating from the High Court, Denu is against the judgment of that court dated 21st November, 2013 and found at pages 237 to 245 of the record of appeal. For the sake of clarity the plaintiff/appellant shall be called the plaintiff while the defendant/respondent shall be called the defendant.

The facts of the case are quite simple. The parties have known themselves for sometime prior to the events leading to this appeal. The plaintiff was putting up a hotel in Agbozume in the Volta Region and it became necessary for him to acquire certain items like furniture, TV sets, Kitchen equipments etc in order to run the hotel. The plaintiff proposed to the defendant who is a businessman and travels to China regularly to help him to acquire these items but the defendant refused on the grounds that he was not in that line of business. Subsequently, the plaintiff accompanied the defendant to China sometime in 2007 in the company of one Mrs. Quarshigah to buy these items.

While in China, the defendant in view of the language barrier engaged the services of one interpreter Ketty Xu who took plaintiff to the market to do his own purchaser.

On their return to Ghana, the plaintiff transferred monies to the ADB account of the defendant for onward delivery to China for the payment of the goods and freight. The defendant claimed to have transferred the monies as requested by the plaintiff. When the goods arrived, plaintiff complained of short delivery, and the loss of certain components of some of the delivered items. This the plaintiff attributed to the non-payment of the monies to the appropriate persons in China by the defendant. The defendant denied this and said he had no contractual obligation to see to the delivery of the items and that he was only to facilitate the transfer of the money which he did. Indeed he also filed a counterclaim. In the light of the

disagreement the plaintiff took action in the High Court seeking the reliefs endorsed:

a. Recovery of $13,530 or its cedi equivalent being money paid by the plaintiff or Bed sheets, pillow cases and overall dresses which have not been delivered despite persistent demands.

b. Recovery of $11,440 or its cedi equivalent being money paid by the plaintiff to the defendant for kitchen equipment which the defendant which have not been delivered despite persistent demands.

c. Recovery of $735.40 or its cedi equivalent being money paid by the plaintiff to the defendant for the shipping of t