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SWISS AFRICAN TRADE CO. v. HASNEM ENT. LTD

1999

COURT OF APPEAL

GHANA

CORAM

  • LAMPTEY, JA. (PRESIDING)
  • WOOD (MRS.), JA.
  • BROBBEY, JA

Areas of Law

  • Contract Law
  • Commercial Law
  • Civil Procedure

AI Generated Summary

Hasnem Co. purchased six executive and secretarial chairs from Swiss African Trading Company (S.A.T.), a division of UAC Ghana Ltd., but only two were delivered; repeated trips to collect the remaining four were fruitless. Hasnem sued seeking specific performance. The District Court declined specific performance, awarding damages instead; the High Court affirmed but framed relief in terms of market replacement or payment at current cost. On further appeal, the Court of Appeal (Lamptey JA, Wood JA, Brobbey JA) overruled an objection to additional grounds and clarified that the appellate court can amend pleadings to resolve the real controversy. Applying the Sale of Goods Act, the court held S.A.T. breached its delivery obligations, specific performance was unavailable because the goods were not specific or ascertained, and damages for non-delivery were the proper remedy. The appeal was dismissed and damages, including refund, consequential costs, and general damages, were awarded.