[2013]DLCA5159 • November 14, 2013 • Court of Appeal
KINGDOM HERBAL CENTRE LTD. vs. BEIJING CLINIC AND DR. (ALT) AIJIN JIANG
The plaintiff (Kingdom Herbal Centre Ltd.) and the 1st defendant (Beijing Clinic) entered into a Trade Agreement for the supply of Garlic Capsules on 18/10/2005. The 1st defendant was to supply garlic capsules, and the plaintiff was to market and sell them. A debt of GH¢141,900 arose from unpaid supplies. The 1st defendant ceased supplying products after persistent non-payment and demanded payment. The plaintiff sued for injunctions and damages alleging breach of contract by defendants, who counterclaimed for the debt and damages. The High Court dismissed the plaintiff's claim and upheld the counterclaim. The plaintiff appealed.
read moreMARIAMA OWUSU, J.A: On 29-6-2010, the High Court, Commercial Division, Accra dismissed the plaintiff’s claim as not proved. The defendants counterclaim was upheld. Dissatisfied with the decision of the trial court, the plaintiff appealed to the Court of Appeal on the following grounds: 1. That the learned trial Judge erred in refusing to grant the plaintiff the reliefs endorsed on plaintiff’s writ of summons. 2. The learned trial Judge erred in holding that the plaintiff had rather breached the contract with the 1st defendant and in awarding a nominal damage of one thousand Ghana cedis (GH¢1,000.00) against the plaintiff. 3. The learned trial Judge in holding that the plaintiff must pay one hundred and forty one thousand, nine hundred Ghana cedis (GH¢141,900.00) and one hundred and thirty-seven United States Dollars (US$137,700.00) with interest. 4. The learned trial Judge erred in awarding cost of two thousand Ghana cedis (GH¢2,000.00) against the plaintiff. 5. Additi...