[1999]DLCA321 • April 15, 1999 • Court of Appeal
GODKA GROUP OF COMPANIES vs. P S INTERNATIONAL LTD
The respondents, a company incorporated in Indiana, USA, sued the appellants, a Ghanaian company, for the balance of debt due for goods shipped and sold to the appellants, including ladies shorts, soccer boots, and assorted biscuits. The appellants denied the claim, asserting that the ladies shorts were shipped for distribution and sale discussions and could be returned if unsold. They admitted selling the biscuits and paying proceeds but claimed the shorts were not sold to them. The trial court found for the respondents, dismissing the appellants' counterclaim for rent on warehoused goods.
read moreJUDGMENT OF FORSTER JA The plaintiff-respondents (hereinafter called the respondents) are a company incorporated under the laws of the state of Indiana in the United States of America and the defendant-appellants (hereinafter called the appellants) are a Ghanaian company. On 13 March 1987, the respondents, per their lawful attorney sued out a writ against the appellants. Indorsed in the writ was a claim for: “(a) the sum of US$650,733.90 being the balance of debt due and owing by the defendants to the plaintiffs in respect of two separate transactions particulars whereof are set out in extenso in the statement of claim hereto annexed; and (b) interest on the said amount at commercial bank rate from 1 January 1988 to the date of judgment.” The particulars of the transaction, as set out in paragraphs (3) and (4) of the plaintiffs’ statement of claim were: “(3) (a) 38,491 pairs of olive green ladies shorts at US$1.20, totalling US $46,189.20. (b) 25 pairs of u...