[2009]DLHC8466November 6, 2009High Court

BISMARK MPIANI vs. KOFI ABEYIE

The plaintiff herein undertook the task of clearing, on behalf of defendant, some containers with assorted goods, and a Ford Tractor shipped to Ghana from Germany by the defendant. After clearing the items at the Tema port they were transported to Mampong-Ashanti. At all material times, the plaintiff was assisted by one Issa on the instructions of defendant. Issa is a brother to the defendant. The defendant later returned to Mampong and was presented with a bill of ¢18.7 million old cedis by the plaintiff being expenses allegedly incurred in clearing and transporting the goods to Mampong. The defendant refused to re-imburse the plaintiff with this amount. As a result, plaintiff instituted action in this court, then presided over by Mr. Justice A. K. Abada to claim the amount. Defendant counter-claimed for the recovery from the plaintiff the value of some of the goods he asserted could not be traced amongst the lot. The court entered judgment for the defendant on his counter-claim, ....