KOMMADITGESSELSCHAFT MTI-VERTREIBSSHAFT- FRAUENTHAL 6, 20146, HAMBURG GERMANY vs. SERVISTAR MINMAX W.A LTD. 125 BOUNDARY RD, EAST LEGON ACCRA

JUSTICE HENRY A. KWOFIE: This is an appeal against the judgment of the High Court, Accra (Commercial Division) dated 7th November 2016. In that judgment, the trial judge entered judgment in favour of the Plaintiff against the Defendant for all the reliefs endorsed on the Plaintiff’s Writ of Summons. Dissatisfied with the said judgment, the Defendant/Appellant field a Notice of Appeal against the said judgment on 20-12-2016 on the following grounds: a) The learned judge respectfully erred in law when he held that the Plaintiff/Respondent had successfully discharged its duties as a seller under a CIF contract without taking into account the fact that the Plaintiff/Respondent had failed to procure the requisite shipping/contract document required of a seller under a CIF contract. b) The learned judge respectfully misdirected himself when he held that the Plaintiff/Respondent had released the shipping documents covering the CIF contract of sale to the Defendant/Appellant and at th.....