AFAM CONCEPT vs. SONIAG COMPANY LTD

AGYEMANG JA: In this appeal, the plaintiff/respondent/appellant (referred to as the plaintiff), seeks a setting aside of the ruling of the High Court (Commercial Division) of 26th September 2016 which granted the prayer sought by the defendant/applicant/respondent (referred to as the defendant), for the plaintiff to provide security for the costs of the plaintiff’s suit. The matters giving rise to the appeal are indeed simple. The plaintiff herein, the manufacturer of health and beauty products, based in the USA trading as such company, and also as JF Lab Inc., a company said to be owned by it, entered into an agreement with the defendant for the supply of its products to the defendant, a company registered in Ghana. The terms of the transaction were that the defendant would make a down-payment of fifty-percent of the price of the goods supplied to it and then pay the balance on an eighty-day credit window. The parties kept a running balance of payments and outstanding indebtedne.....