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KWAME TIAKA v. ISAAC OSEI

2018

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Contract Law
  • Commercial Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Ghana High Court, per Justice Angelina Mensa‑Homiah, resolved an oral sale‑of‑goods dispute between a supplier of used ladies shoes and a retailer operating from Kejetia K.O with storage at Moro market. The supplier asserted he delivered GHC 54,870 worth of shoes in January 2013, payable by December 2013, and the retailer paid only small sums and issued dishonoured cheques, prompting a police report. The retailer alleged the December 2013 and January 2014 consignments were largely defective and that the parties later agreed a reduced liability of GHC 16,000. Applying the Evidence Act and the Sale of Goods Act, the court found the supplier’s account more probable, rejected the defective‑goods and compromise defenses, held that the goods were accepted and not rejected, that property and risk passed, and ordered payment of GHC 40,270 with interest calculated at the Bank of Ghana 91‑day Treasury Bills rate and costs.

JUDGMENT