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Kingdom Herbal Centre Ltd. v. Beijing Clinic and Dr. (Alt) Aijin Jiang

2013

COURT OF APPEAL

GHANA

CORAM

  • Owusu M., J.A. (Presiding)
  • Gyaesayor, J.A.
  • Lovelace-Johnson, J.A.

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law
  • Equity and Trusts
  • Commercial Law

AI Generated Summary

In a commercial supply dispute over Kingdom Garlic Capsules, the Court of Appeal, per Mariama Owusu JA, upheld the High Court, Commercial Division, Accras dismissal of the Kingdom Herbal Centres claims and affirmed the defendants counterclaim. Under a 2005 Trade Agreement (Exhibit B), the 1st defendant supplied Garlic Capsules to be marketed by the appellant on credit. The appellant accrued GH241,900, issued twenty post-dated cheques of which one bounced, and the respondents ceased further supply until payment. The appellant sought a perpetual injunction based on alleged exclusivity and damages, arguing estoppel because the respondents continued supplying despite arrears and allegedly sold to others. The Court found the appellants admissions of indebtedness justified judgment for GH241,900, rejected exclusivity and estoppel, and noted bad faith as the appellant sought alternative imports while the respondents held 306 Kingdom-branded cartons. Special damages of US$137,700, derived from inventory and per-carton value, and costs of GH2,000 were affirmed. Equity maxims barred injunctive relief; the appeal was dismissed.

JUDGMENT