[2012]DLCA3080 • November 30, 2012 • Court of Appeal
ABOAGYE FRIMPONG vs. MADAM MARY MENSAH
The Plaintiff/Respondent company shipped a container load of plastic and bathroom slippers from Italy to the 1st Defendant in Ghana on credit between October and November 1999, claiming the sum of 29,900,000 Italian Lira (equivalent to ¢52,000,000.00 Ghanaian cedis) for unpaid goods. The Defendants/Appellants denied the claim, asserting that the 2nd Appellant's husband, an Italian, had paid for the goods and challenged the Plaintiff's capacity to sue, alleging the power of attorney authorizing the suit was void. The High Court ruled in favor of the Plaintiff, awarding the claimed amount with interest, damages, and costs.
read moreI.O.TANKO AMADU J.A 1. This is an appeal from the judgment of the High Court Kumasi dated 15th June 2010 wherein the trial court found for the Plaintiff/Respondent and entered judgment for the recovery of the sum of ¢52,000,000.00 (GH¢5,200.00) from the Defendants/Appellants with interest at “either the then interest rate of the Ghana Commercial Bank or the National Investment Bank from 1st March 2000, till 1st March 2006”, general damages of GH¢1,000.00 and costs of GH¢6,000.00. 2. The facts of the case are that, by writ issued from the High Court Kuamsi on 8/9/2000, Plaintiff/Respondent Company (hereinafter referred to as Respondent) commenced action against the Defendants/Appellants (hereinafter referred to as Appellants) by endorsing on the writ the Plaintiff’s description as follows “MEG 94 VIA VALLE BAGNATA ROME (suing per their Lawful Attorney AGYEMAN BOATENG) H/NO. N.A. 36 NKWABENG/ SUNYANI. 3. The Respondent had claimed from the Appellants jointly an...