HASNEM ENTERPRISES LTD vs. SWISS AFRICAN TRADING CO

JUDGMENT OF LAMPTEY JA. The facts that led to the mounting of the action in the instant appeal are fairly simple and straightforward. These are that the manager of Hasnem Company, the plaintiff-respondent (hereinafter referred to as the respondent) entered the premises of Swiss African Trading Co. the defendant-appellant (hereinafter referred to as the appellant) in Sekondi, bought and paid for six chairs on 16 August 1979. He took immediate delivery of two chairs and was advised by the storekeeper of the appellant to send a vehicle at his expense to collect the four remaining “executive swivel secretarial chairs” the following day. Accordingly, a vehicle was sent to the appellant the next day to collect and take delivery of the four special chairs. The driver was sent back without the four chairs. After several fruitless and disappointing journeys, needless to add time consuming and expensive journeys, when it became obvious that the appellant was in no position to honour and p...