[2011]DLCA3706December 22, 2011Court of Appeal

LATEX FOAM PRODUCTS LIMITED vs. KWASI DWOMO

F.G. KORBIEH, J.A. The plaintiff/respondent (hereinafter only referred to as the plaintiff) had a shop at Asokwa in Kumasi where he did retail trading and sold Latex foam mattresses, among other items. According to the plaintiff he paid a monthly rent of ¢400,000.00 for the shop. The plaintiff entered into an agreement with the defendant/appellant (hereinafter only referred to as the defendant) under which agreement the defendant supplied foam mattresses to the plaintiff on credit for sale at the plaintiff’s said shop. The plaintiff made payments to the defendant after the sales. On or about 1/10/2007 the plaintiff had to travel to South Africa on an emergency business trip. Whilst in SouthAfrica, the plaintiff got information from his wife (whom he had left in charge of the shop at Asokwa) that the defendant had come to the shop on the 8/10/2007, collected all the goods in it and locked up the shop amidst her protests. The plaintiff therefore rushed back to Ghana from South Africa...