[2020]DLCA16212May 29, 2020Court of Appeal

PEARLANE PHARMACY LTD. vs. TOASE MEDICAL CENTER

JUDGMENT DOMAKYAAREH (MRS), JA: [1] This is an appeal against the judgment of the High Court (Commercial Division), Prempeh Assembly Hall, Kumasi dated 27th March, 2018. On the said date the Trial Court entered judgment in favour of the Plaintiff/Respondent herein for the sum of Forty-four thousand two hundred and fifty-four Ghana Cedis and fifty pesewas (Gh¢44,254.50) and also costs of Twelve thousand Ghana Cedis (GHȼ12,000.00). [2] The facts giving rise to this case are that the Plaintiff/Respondent herein per its Writ of Summons and Statement of Claim filed on 22nd June, 2015, averred that it has an agreement with the Defendant/Appellant herein whereby it supplies the latter with various pharmaceutical products and the latter pays for same in full 90 days after the supply. The Plaintiff/Respondent will herein after be called the Respondent whiles the Defendant/Appellant will be called the Appellant. The Respondent averred that in 2010, 2011, 2012, 2013 and 2014 it sold pharm.....