MALLAM ADAMU v. SOLOMON OSEI BOATENG & ANOR

For over three years, a straightforward purchase of a CAT BL 330 excavator evolved into litigation before Justice Angelina Mensah-Homiah of the High Court. The plaintiff, an earth-moving equipment entrepreneur, initially paid GHS 20,000 and later shifted to a credit sale with an agreed price of GHS 220,000, making additional payments totalling GHS 177,700. The 2nd defendant, known as “Solo,” issued receipts in the name of a non-existent 1st defendant and later, accompanied by military personnel including Warrant Officer Azumah, seized the excavator from the plaintiff’s Obuasi site, claiming breach and deterioration. Evaluating the Evidence Act burdens and the Sale of Goods Act regime, the court found the sale to be on credit, the agreed price to be GHS 220,000, and that property had passed to the buyer. The 2nd defendant unlawfully resorted to self-help instead of statutory remedies, while the plaintiff unreasonably defaulted and failed to account for the machine’s earnings. The court ordered the 2nd defendant to return the excavator within 14 days in its prior working condition and directed the plaintiff to pay the outstanding GHS 42,300, denied interest and general damages, and provided for a court-ordered sale if compliance fails, with costs to lie where they fall.