JEBSEN & JESSEN (GMBH & CO) KG v. DELIMAN OIL CO. LTD

Jebsen & Jessen (GMBH) Co., a German trading company, sued a Ghana-incorporated company over unpaid invoices arising from 2013–2014 supplies of consumer goods and vehicles. The supplies were governed by written invoices, bills of lading, and General Conditions of Sale (GCS) stipulating net cash payment 120–180 days after invoice/dispatch. Plaintiff’s witness, Dominic Studte, tendered exhibits confirming dispatch and receipt, and the defendant admitted in cross-examination that invoices, bills of lading, and general conditions accompanied each shipment. The defendant asserted payment was contingent on proceeds from its retail credit sales and alleged delays, auctioning, and expiry, but produced no proof. Applying Ghana’s Evidence Act and contract doctrine, the High Court (Justice Justin Kofi Dorgu) held the written terms controlled and could be varied only in writing; defect claims required prompt written notice. The court entered judgment for US$1,192,790.32 and £196,154.02 with interest at GCB PLC’s prevailing rates from 2014, declined general damages, awarded US$20,000 costs, and allowed payment in Ghana cedi equivalent.