[2018]DLCA4423 • October 15, 2018 • Court of Appeal
ADU ACHEAMFOUR vs. PHILIP AMPONSAH ANARFI AND MADAM BIMPOMAA
The Plaintiff, a businessman importing second-hand goods, supplied 424 bales of children's second-hand clothes to the Defendants, a married couple and traders. The Defendants accepted delivery but disputed the price, initially quoted at GH₵850 per bale, reduced to GH₵670, and later requested further reduction to GH₵600 due to mixed nature of goods. They made partial payments totaling GH₵120,000 but delayed payment of the balance. The Plaintiff sued for the outstanding balance of GH₵134,000 plus interest. The Defendants denied the claim, alleging the goods were mixed with adult clothes, making resale difficult, and counterclaimed for damages for unlawful arrest and detention caused by the Plaintiff's actions.
read moreWELBOURNE, JA This is an appeal against the judgment of the High Court, Commercial division, Kumasi dated 28th April, 2016. The facts are that the Plaintiff/Respondent is a businessman who imports second hand goods and lives in Ash-Town, Kumasi whilst the Defendants/Appellants are a married couple and traders who live at KronumKwapra, Kumasi. It is the case of the Plaintiff/Respondent that the Defendants/Appellants ordered some children’s second hand clothes from him. In furtherance of that request, he imported 424 bales of second hand children’s clothes to Ghana in January, 2013. The Plaintiff/Respondent then supplied the whole of the bales to the 1stDefendant/Appellant in his rented warehouse at Kentinkrono,a suburb of Kumasi. After inspection, the Defendants/Appellants accepted the delivery. When it came to the price for the goods, the Plaintiff/Respondent quoted an initial fee of GH₵850.00 per bale. These were along the line reduced to GH₵670.00. Where upon they made pa...