RAMIA vs. CHIAVELLI AND ANOTHER

The plaintiff sued the defendants for recovery of N¢134,000.00 plus interest as money had and received for his use. According to the statement of claim, he paid N¢150,000.00 to the defendants at the request of the first defendant for the supply of goods to be imported into Ghana in the name of the second defendant company. Apart from paints worth about N¢10,000.00, said to be unsaleable in Ghana, the goods were not supplied. The plaintiff therefore sought to recover the unpaid balance after accounting for an amount of N¢16,000.00 described as “amount received.” The defendants later contended that when the plaintiff pursued the first defendant to Italy and accepted cheques drawn on Italian banks, the original arrangement had been replaced by a new contract allegedly offending the Exchange Control Act, 1961 (Act 71). [Portions: opening paragraph beginning “The plaintiff brought this action…”; paragraph beginning “Apparently after the plaintiff had waited in vain for his goods in Ghana…”]

JUDGMENT OF AMISSAH J.A. The plaintiff brought this action against the defendants claiming the sum of N¢134,000.00 plus interest as money received by the defendants for the plaintiff’s use. According to the plaintiff’s statement of claim, he paid to the defendants at the request of the first defendant the sum of N¢150,000.00 against the supply of goods to be imported into Ghana in the name of the second defendant company. The defendants supplied no goods except some paints to the tune of N¢10,000.00 which were unsaleable in Ghana. It is not clear from the pleadings whether account is taken by the plaintiff of this supply of paint. What is clear though is that the plaintiff’s claim is for the N¢150,000.00 alleged to have been given less an amount of N¢16,000.00 which is described as “amount received.” Whether the receipt was in cash or kind is left unsaid. The defendants entered an appearance to the plaintiff’s writ. Thereafter the plaintiff applied to the court for...