[1971]DLCA2104 • July 12, 1971 • Court of Appeal
DANQUAH vs. TIMBER & TRANSPORT CO LTD.
The appellant (Danquah) and the respondents (Timber & Transport Co Ltd) entered into an agreement whereby the appellant was to supply timber logs from his concession to the respondents, who placed their caterpillar at his disposal for timber exploitation. The appellant claimed payment for goods sold and delivered, while the respondents counterclaimed damages for breach of contract and conversion, alleging the appellant sold logs to third parties in violation of the agreement. The dispute centered on the interpretation of the agreement, exclusivity of sales, and payment obligations.
read moreThis is an appeal from the decision of the Circuit Court, Sekondi, dismissing the plaintiff-appellant’s (hereafter referred to as the appellant) claim for goods sold and delivered and allowing the counterclaim of the defendant-company-respondent (hereafter referred to as the respondents) in respect of damages for breach of contract and conversion of logs delivered to the respondents and subsequently sold by the appellant to other purchasers. The damages awarded were N¢1,732.65 for the breach and N¢200.00 for the tort of conversion. The appellant being dissatisfied with the judgment has appealed to this court and the only ground of appeal was: “Judgment was against the weight of the evidence,” though, in my view, the appeal itself raised a few legal issues. Counsel, however, under this blanket ground, argued these legal grounds. The parties to this appeal entered into an agreement on 15th March 1968, whereby the appellant agreed to supply, export and sawmill logs produced ...