GEORGINA NELSON VS ASANTE FRIMPONG
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP SOPHIA ROSETTA BERNASKO ESSAH (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute between a Ghanaian citizen (Plaintiff) and a Ghanaian businessman (Defendant) over a tyre business transaction. The Plaintiff sued the Defendant for £25,530, claiming it was advanced for purchasing and selling tyres in Ghana. The Defendant contended it was a partnership agreement. The court found no evidence of a partnership and ruled that the Defendant breached the oral contract. The court ordered the Defendant to pay £20,130 (the original amount less £5,400 already paid), plus interest and damages. The case highlights principles of contract law, burden of proof, and the court's approach to uncontradicted evidence. The Defendant's counter-claim was dismissed due to lack of participation in the trial.
Plaintiff herein a Ghanaian citizen commenced the instant action against theDefendant a Ghanaian businessman on the 28th of July 2015 seeking the followingreliefs: a. Payment of the amount of£25, 530. 00 being the amount advanced by the Plaintiff to Defendant for the tyres business and carriage of Plaintiffs suit case to Ghana.
b. Interest at the prevailing commercial rate on the said amount of £25, 530. 00 from July 2013 till date of final payment.
c. General damages for breach of contract.
d. Cost onfull indemnity basis.
e. Any other reliefs(s) this Honorable court may deem fit.
Plaintiff alleges that on or about 2013 a friend by name KwakuAmponsahintroduced her toDefendant as someone engaged in tyre export business.
Defendantthen represented to Plaintiff that he had beenin the business forabout 4 to 5 yearsand so Plaintiff could trust him.
Defendant agreed to buy, bundle, ship to Ghanaand sell for the Plaintiff 3, 000 tyres in 2013 at a total cost of £17, 580. That it wasagreed that when the goods arrive in Ghana the Defendant would retail them withinsix weeks and the Plaintiff would make a profit of between £8, 000 to £10, 000. Inreliance thereof the Plaintiff said she paid £17, 580 to the Defendant.
That after the goods were loaded into a 40 footer container in June for shipment toGhana Defendant demanded an extra £7, 900 to enable him load and ship anotherconsignment of tyres from Shefield to Ghana and promised to add half of thegoods in the extra container to the Defendants original goods.
That when Defendant was about to leave the UK to Ghana Plaintiff requested theDefendant to take a suit case to Ghana and upon demand by Defendant shepaid£100. In sum Plaintiff alleges that she gave Defendant a total of £25, 530 made up of£12, 000 through one NiiMaama and Kweku; £2, 200 through one Nicole forDefendant’s car; £3, 250 through NiiMaama and KwekuAmponsah; and £7, 900 forthe 2ndcontainer of goods; £100 for taking Plaintiffs suitcase to Ghana.
That inspite of the paymentof the 100 pounds Defendantleft the suit case behind inthe UK and went to Ghana.
That when Plaintifffound the suitcase a piece of cloth was missing from it.
That she subsequently came to Ghana and waitedfor the goods to clear from theport but to date the goods have not been cleared to her knowledge inspite ofseveral representations by Defendant.
That Defendant had been on therun until Plaintiffreported the case to thepolice and he was arrested.
That Defendant has refused to