J. K. Baffoe v. Oppong Kyekyeku
2013
COURT OF APPEAL
GHANA
CORAM
- ASARE KORANG J.A. (PRESIDING)
- M. OWUSU, J.A.
- ACQUAYE, J.A.
Areas of Law
- Contract Law
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff appealed against the decision of the High Court, which had dismissed his claims and partially upheld the defendant's counterclaim in a business dispute involving NGK spark plugs. The plaintiff alleged he was owed $20,000 from a joint venture with the defendant that collapsed. The appellate court upheld the trial court's decision, finding the plaintiff failed to provide credible evidence to support his claim, while the defendant's version of events was more credible. The appeal was dismissed with costs awarded to the defendant.
MARIAMA OWUSU, J. A:
This is an appeal against the decision of the High Court, Accra dated 5-7-2007, dismissing the plaintiff’s claim as not proved.
The defendant’s counterclaim was upheld in part.
Cost of GH¢500. 00 was awarded to the defendant.
Dissatisfied with the decision of the court, the plaintiff appealed to this court on the following grounds;
1. The judgment cannot be supported on the evidence led.
2. The learned Judge infringed the best evidence rule when he gave judgment for the defendant even though he had failed to prove the content of Exhibit A which could have been proved by shipping documents and receipts.
3. In the face of paragraph 3 of the statement of defence the judgment is untenable.
4. The learned Judge relied on irrelevant and inadmissible evidence.
Thereby making the wrong inferences leading to wrong conclusions.
5. Additional grounds will be filed upon receipt of the record of proceedings.
The relief sought from this Court: The Judgment be overturned and judgment entered for the plaintiff allowing all the reliefs sought by plaintiff.
The facts leading to the instant appeal are as follows; The plaintiff claims from the defendant the following reliefs;
1. US $20, 000 or its cedi equivalent.
2. Interest from 1-5-2003 to date of judgment.
In the statement of claim that accompanied the writ of summons, the plaintiff avers among other things that, sometime in 1997, he advised the defendant who has been selling used motor vehicles to him and he in turn sold them on the Ghanaian market that, there was a glut of used vehicles on the Ghanaian market, as a result it was difficult to dispose them.
He then suggested to the defendant that NGK plugs were in constant demand.
Following this advice, the plaintiff avers the parties and the brother in law of the defendant Ernest Ampofo, contributed money for a joint business in NGK plugs.
It is the case of the plaintiff that, he contributed US$20, 000 Ernest Ampofo contributed US$31, 000 whilst the defendant contributed an undisclosed amount.
The plaintiff continued that, the defendant bought the plugs from Holland shipped them to Tema, whilst Ernest Ampofo took delivery of them and sent them to him.
It is the case of the plaintiff that, in 2003, he discovered that the NGK plugs were cheaper in Dubai.
He therefore advised that the source of supply be shifted from Holland to Dubai.
The defendant disagreed with his advice and the joint business collapsed.
The plaintiff co