HAMMOND v. AINOOSON
December 18, 1973
HIGH COURT
GHANA
CORAM
- ABBAN J
Areas of Law
- Contract Law
- Commercial Law
December 18, 1973
HIGH COURT
GHANA
CORAM
Try asking the following...
JUDGMENT OF ABBAN J.
The plaintiff is claiming the sum of ¢2,373.26 from the defendant for services rendered and for work done for the benefit of the defendant.
Some time in 1965, the plaintiff was introduced to the defendant as the person whose fishing boat had become unserviceable due to damage it had suffered at sea. The parties became friendly after the said introduction, and the defendant requested the plaintiff to find someone to finance the repairs of the said boat. The plaintiff said she recommended one Miss Epton, but that lady was unable to undertake the repairs. The defendant eventually decided to find money himself for the repairs. The boat was sent to the Boatyard Corporation, Tema, and the defendant requested the plaintiff to supervise the repairs. That is, the plaintiff was to be at the Boatyard Corporation workshop during the period of repairs, and she was to purchase for the workers materials needed for the repairs and which could not be obtained from the corporation's own store.
The plaintiff deposed that she was at that time selling fish at Narkwa Fisheries, Tema, and she agreed to undertake that kind of supervision on condition that the defendant paid her some allowance to cover her daily expenses. In the presence of witnesses, the first and second witnesses for the plaintiff, the matter was further discussed. The plaintiff asked for, ¢4.00 a day, but the defendant beat it down to ¢3.00 which was accepted by the plaintiff. The plaintiff alleged that it was also agreed that she was to sell all the fish which would be caught by the boat and that after the cost of the repairs and all other incidental expenses had been defrayed from the proceeds of the sale of the fish, the profits which would be realized would be shared equally between them.
Following this agreement the plaintiff and the defendant went to see the director of the Boatyard Corporation at Tema, and obtained from him the estimated cost of repairs. The defendant then instructed the said corporation to carry on with the repairs which were completed in March 1967, and the launching ceremony was performed in grand style. The plaintiff said she bought cakes and drinks and prepared salad and these were used in entertaining those invited to the launching ceremony. After the launching, the plaintiff negotiated and obtained a fishing net and crates of wooden boxes in which the fish to be caught would be packed and sold. The plaintiff paid for the crates while the cost of the net wa
AI Generated Summary
A fish trader based at Narkwa Fisheries, Tema, was introduced to the owner of a damaged fishing vessel. They orally agreed she would supervise repairs at the Boatyard Corporation, procure unavailable parts, and receive ¢3.00 per day for expenses; she would also sell all fish landed by the vessel and, after repair and incidental costs were settled from sales proceeds, share profits equally with the owner. Witnesses corroborated the agreement and her extensive involvement, including purchasing 1,000 wooden fish boxes and providing food and drinks for the launch. After initial fishing operations, the fishermen demanded a new captain; the defendant sided with them, barred the plaintiff and appointed another seller. The court found a binding agreement and, alternatively, recognized quantum meruit, awarding ¢2,294.54 plus costs.