[1973]DLHC2381 • July 6, 1973 • High Court
HALABY vs. WIREDU
The plaintiff, an alien trader in motor spare parts in Ghana, was compelled to leave the country due to government legislation restricting alien traders. Prior to departure, he sold his business in two separate transactions to the defendant, involving motor spare parts stock and business premises. The purchase price was payable in monthly installments, with supplementary agreements reducing the amounts and extending payment terms. The defendant defaulted on payments, leading the plaintiff to sue for the outstanding balance of ¢35,108.48.
read moreThe plaintiff was an alien who was trading in Ghana, dealing in motor spare-parts. He had to leave the country as a result of the government legislation requiring all aliens trading in some fields to leave the country to enable Ghanaians to take up those activities. Before leaving he sold his business to the defendant. He entered into two separate transactions in that regard. The first agreement is dated 14 November 1970 with a supplementary one dated 20 March 1971. And the second transaction was made under an agreement dated 1 December 1970. There was also a supplement to this. Under the first agreement the plaintiff, described as the vendor, sold to the defendant “the business of a dealer in spare-parts heretofore carried on by the vendor in the premises comprising a four door store with one wholesale situate at plot No. 1 Block A Suame.” The stock-in-trade of the business is, as I have stated above, motor spare-parts. The value of the goods in the store and wholesale at the ...