[2017]DLCA4870 • April 12, 2017 • Court of Appeal
XIN BIN ZHANG EL-SHADAI GLOBAL ENT. vs. NKRUMAH KOBY JONES
TORKORNOO (MRS), J.A. The Plaintiff/Appellant is a Chinese national who sold mobile phones to the Ghanaian Defendant/Respondent. The Writ was issued by ‘Poku & Associates’ in the Commercial Division of the High Court, Kumasi. The Appellant claimed per his Statement of Claim for: 1. The sum of GH¢124,817.00 2. Interest thereon at the current bank rate on the said sum from 11th June, 2013 till final payment In his Statement of Defence, after denying as much as was claimed by the Appellant and giving notice that the parties will have to go into accounts, the Respondent contended in paragraph 9 that: ‘the Plaintiff’s Writ of Summons as well as the Statement of Claim are incompetent as same violates the law and clear mandatory statutory provisions’. He also complained in paragraph 10 that the Plaintiff’s conduct was ‘illegal, unlawful and unconscionable and should not be encouraged by this Honourable Court.’ No details of the said illegality were provided. When...