EMMANUEL YAW OWUSU vs. KUMI ADU TUTU AMANKWAA

I. O. TANKO AMADU JA 1. The Plaintiff/Appellant herein (hereinafter referred to as the Appellant entered into an agreement with the Defendant/Respondent (hereinafter referred to as the Respondent) on the 6th day of February 2008 for the supply by the Appellant of a KORD printing machine at an agreed purchase price of €15,000.00. 2. Under the sale and purchase agreement tendered in evidence as Exhibit ‘A’ the Respondent was to make a part payment of €7,500 which represented 50% of the total purchase price and the balance payable upon delivery of the machine. The parties to the agreement had further endorsed on Exhibit ‘A’ as follows: “PROMISE TO PAY BALANCE – After 6 months when delivery of the machine has been made. CONDITIONS: If the machine is undelivered after 6 months from date, the part payment of 7,500 Euros made by the purchaser should be refunded to him by the vendor”. The agreement was dated 6th February 2008. 3. According to the Appella...