[2018]DLCA4916July 12, 2018Court of Appeal

THOMAS COBBINAH YAW ASIEDU vs. ISAAC KWOFIE

AGYEMANG JA: In this appeal against the judgment of the High Court, Accra, delivered on the 30th day of May, 2014, the claimant/appellant (referred to hereafter alternately as the claimant or the appellant), seeks a setting aside of the judgment entered on favour of the plaintiff/respondent (referred to as the plaintiff, or the respondent. This judgment arose out of convoluted circumstances that commenced with a simple transaction for the sale of a Tipper truck by the judgment/debtor herein, to the plaintiff/respondent sometime in February 2008. The plaintiff/ respondent, a sand and stone contractor, negotiated to buy the Tipper truck for ¢550,000,000 (Five Hundred and Fifty Million Old Cedis). He made part-payment of ¢380,000,000 (Three Hundred and Eighty Million Old Cedis) to the judgment/debtor. He also bought new parts to replace parts out of use. He allegedly rented out the vehicle to the Rubber Estate Company for its use, in consideration of daily payment of the sum of ¢2000...