[2020]DLCA8849February 27, 2020Court of Appeal

GRAMELLINI F. LLIS PA - 47100 FORCI ITALY VIA RAVEGNANA vs. KPONE LOBSTER EXPORT CO. LTD

OFOE, J.A: INTRODUCTION There is no doubt on the records that the parties entered into a type of oral transaction in which the appellant (hereinafter referred to as the defendant) was to supply seafoods to the respondent (who we will refer to as the plaintiff) against prepayment by the plaintiff. In respect to what the parties referred to as technical goods, while the plaintiff contended that it supplied such goods on the request of the defendant, the defendant denied any such engagement with the plaintiff and sought strict proof thereof. Details of this part of the case will unfold later in this judgment. But both parties agree that their business relationship spanned between 1998 to 2008/2009. The plaintiff alleges that arising out of this commercial agreement it paid some monies to the defendant who did not supply the seafoods and has also refused, despite incessant requests, to refund the monies in terms of their understanding. Plaintiff makes the same allegation in respect of ...