Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

SEIDU ISSAH v. ALINCO OIL COMPANY LIMITED

2021

COURT OF APPEAL

GHANA

CORAM

  • CECILIA H. SOWAH, J. A. (PRESIDING)
  • ANTHONY OPPONG, J. A.
  • ANGELINA MENSAH-HOMIAH, J. A.

Areas of Law

  • Civil Procedure
  • Contract Law
  • Property and Real Estate Law

AI Generated Summary

The Court of Appeal (per Angelina Mensah-Homiah, JA) dismissed Alinco Oil Limited19s appeal from the High Court, Koforidua. Issah Seidu, a fuel dealer operating a Nuaso filling station, had agreed with Alinco under exhibit C to sell Alinco19s products for a 20 pesewas-per-litre commission. Seidu claimed 892,255 litres were sold (commission GH2178,451), with GH22,200 already paid toward his Manya Krobo Rural Bank debt, leaving GH2176,251. Alinco argued fraud, mistake, and frustration, relying on an alleged purchase from Universal Oil19s Alhaji Lilo for GH230,000 and a police 1cadjudication1d. The Court rejected these, finding exhibit 2 fictitious and Universal Oil19s letter disclaiming ownership decisive, and concluded the station was operational, no misrepresentation occurred, and consideration existed on both sides. The Court affirmed the High Court19s judgment, declined to vary it to add interest due to Rule 15/32 requirements, and awarded costs of GH25,000.

JUDGMENT