[2012]DLCA3081 • November 30, 2012 • Court of Appeal
ABOABYE FRIMPONG AND ANOTHER vs. MEG. 94, VIA VALLE BAGNATA ROME
The Plaintiff/Respondent company, MEG 94 of Rome, sued the Defendants/Appellants for recovery of ¢52,000,000.00 (equivalent to 29,900,000 Italian Lira) for a container load of plastic and bathroom slippers shipped on credit from Italy to Ghana between October and November 1999. The Defendants/Appellants denied the claim, asserting payment was made by the 2nd Appellant's husband 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 sum 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 joint...