[2019]DLHC7048 • June 20, 2019 • High Court
RAPHAEL RHULE (PLAINTIFF) vs. MOSES MENSAH (DEFENDANT)
The quest of this trial is somewhat straightforward. It remains the fundamental obligation of a buyer in a contract of sale to pay the price and accept delivery of the goods. This is in terms of section 21 of the Sale of Goods Act 1962, Act 137. Against the defendant, the plaintiff is before this court to enforce the obligation to pay the price of goods delivered to him. In brief, the plaintiff pleads his case as follows. Sometime in late 2015 he imported assorted used items from Belgium and Holland into the country. The defendant expressed interest in buying some of the items for sale. In the process several items including used TV sets of various sizes were supplied to him. The defendant made a paltry part-payment leaving an outstanding amount of GHc 67,440.00 to be paid. On demanding payment, the defendant informed him he had challenges with some of the items supplied. Being someone he knew, pleads the plaintiff, he requested that stock be taken to know the items sold and those le...