MR. PHILIP GYASI APPIAH vs. SURF PUBLICATION GH. LTD.

MARIAMA OWUSU, J.A: On 27-5-2009, the High Court (Commercial Division) Accra dismissed the plaintiff’s case. Defendant’s counterclaim was upheld in part when the Court held as follows: “In the current situation where plaintiff waived the right not to have the calculators delivered in different consignments. By accepting the first consignment, the contract is one that may be delivered in two consignments and there stands no legal reason why he should not be compelled to receive the second consignment. Secondly, the calculators are specifically embossed with the plaintiff’s name and defendant cannot sell them to anyone. I order that the plaintiff take delivery of the final part of the contract being 4,100 SPC 2003 calculators and pay the defendant the outstanding sum of $10,068.00 with interest thereon from 30th August, 2007 on acceptance of delivery. Of course, this judgment makes no finding of fact on whether or not the 4,100 calculators are defective and if they happen to b...