TEMA STEEL COMPANY LTD vs. OHENESE AKWASI GYAMBIBI

K. A. ACQUAYE, J.A. The Plaintiff/Respondent (hereinafter called the Respondent) took out a writ claiming a refund of the sum of ¢142,850,000 (Gh¢14,285) paid to the Defendant's/Appallant's company through its Commercial Manager, Simon Segbo for the purchase of steel rods which they failed to deliver together with interest and costs. The Respondent’s case was that in September and October 2004 he went to the Defendant/Appellant's (hereinafter referred to as the Appellant) offices to inquire about the purchase of steel rods the Appellant was producing. He was introduced to the Commercial Manager of Appellant Company called Simon Segbo who gave him a price list of the company's products. The said Simon Segbo informed the Respondent that if he wanted to receive the steel rods the same day he should issue cash cheque for payment of same. The Respondent wrote out a cash cheque for ¢142,850,000.00 (Gh¢14,285) to Simon Segbo as the Commercial Manager of Appellant company and the latte...