SHATCO (GH) LIMITED vs. KWAPACO LIMITED, RICHARD K. APPIAH

BROBBEY, JA: This is an appeal from the decision of Benin, JA. Sitting as an additional Justice of the High Court in which he gave judgment in favour of the Plaintiff/Respondent. The case arose out of business transaction between the Defendant/Appellant and the Respondent. Simply stated, the business took the form of orders for some goods being made by the Respondent from overseas; when they arrived in Ghana, the Appellant was to inform the Respondent of the arrival. The Respondent would then issue an invoice to cover the goods that have arrived and indeed if there were to be short falls the Respondent would make good the difference. According to the Respondent, goods were ordered on invoice Number 101 and 152 on Appellant’s LPO Numbers 11139 dated 29th June 1994 and 20826 dated 12th January 1995 at the total value of $281,828.25. The goods were delivered. The Appellants paid $65,675.41 leaving a balance of $216,153.14. It was that amount that the Respondent sued for. The case.....